H 


Laws  of  Indiana 


RELATING  TO  THE 


Conservation  of  Natural 
Resources 


Including  the  Laws  Relating  to  Geology,  Natural  Gas,  Entomology, 
Forestry,  Lands  and  Waters  and  Fish  and  Game 


Prepared  Under  the  Supervision  of  Richard  Lieber 
Director  of  the  Department  of  Conservation 


>.  V^O     '  J3 

By  Charles  Kettleborough,   Director  of  the 
Legislative  Reference  Bureau 

INDIANAPOLIS 

1919 


WM.    B.    BURFORD,    CONTRACTOR     FOR    STATE    PRINTING     AND    BINDING 
1919 


Agric. -Forestry.  Main 


PREFACE 


This  compilation  contains  all  of  the  laws  of  the  State  of 
Indiana  now  in  force  relating  to  the  conservation  of  natural 
resources,  including  the  law  creating  the  Department  of  Con- 
servation and  prescribing  its  powers  and  duties,  together  with 
the  laws  governing  the  departments  of  Geology,  Natural  Gas, 
Entomology,  Forestry,  Lands  and  Waters,  and  Fish  and  Game, 
which  the  Department  of  Conservation  is  required  to  execute 
and  administer.  Burns'  Annotated  Indiana  Statutes,  Revision 
of  1914,  and  the  Supplement  of  1918  have  been  used  as  the 
basis  for  the  compilation  but  all  laws  included  therein  which 
are  clearly  obsolete  or  are  repealed  or  superseded  by  the  Con- 
servation Act  of  1919  have  been  eliminated. 

An  appendix  contains  that  part  of  the  Migratory  Bird 
Treaty  Act  which  pertains  to  the  .laws  of  the  State  of  Indiana. 
Attention  is  called  to  the  fact  that  state  and  federal  legisla- 
tion is  not  entirely  concurrent. 

The  laws  embodied  in  this  collection  are  arranged  by  sub- 
jects and  numbered  by  compiler's  sections  in  consecutive 
order.  The  first  number,  given  in  bold  face  type,  is  the  com- 
piler's section  number;  then  follows  the  general  descriptive 
title  of  the  section  and  this  is  succeeded  by  the  original  num- 
ber of  the  section  as  assigned  in  the  session  laws.  At  the 
close  of  each  section  is  given  the  citation  to  the  page  of  the 
session  laws  where  the  section  is  found,  and  to  the  correspond- 
ing section  in  Burns'  Annotated  Statutes  of  1914  and  the  Sup- 
plement of  1918.  Words,  phrases,  clauses  and  sentences 
printed  in  italics  have  been  repealed  or  superseded  by  provi- 
sions of  the  Conservation  Act  and  words  inserted  in  brackets 
indicate  the  correct  reading  where  changes  have  been  effected. 
Following  the  sections  will  be  found  annotations  in  smaller 
type  giving  the  substance  of  the  decisions  of  the  higher  courts 
in  construing  and  interpreting  the  law. 

RICHARD  LIEBER, 
Director  of  the  Department  of  Conservation. 

Indianapolis,  June,  1919. 


(3) 


491384 


DIRECTORY 
The  Department  of  Conservation 

JAMES  P.  GOODRICH,  Governor. 

CONSERVATION  COMMISSION 

W.  A.  Guthrie,  Chairman. 

John  W.  Holtzman. 

Stanley  Coulter. 

Richard  M.  Holman,  Secretary. 

DIRECTOR  OF  CONSERVATION 
Richard  Lieber. 

DIVISION  CHIEFS  AND  STAFF 
GEOLOGY 

W.  N.  Logan,  State  Geologist. 

B.  J.  Malott,  Assistant  State  Geologist. 

Arthur  J.  Coleman,  Curator  of  Museum. 

ENTOMOLOGY 

Frank  N.  Wallace,  State  Entomologist. 
Charles  0.  Yost,  Chief  Inspector  Apiaries. 

FORESTRY 

Charles  C.  Deam,  State  Forester. 

L.  E.  Deam,  Custodian  Forest  Reserve. 

LANDS  AND  WATERS 

Richard  Lieber,  Superintendent. 

R.  P.  Luke,  Superintendent  State  Parks. 

FISH  AND  GAME 
,  Superintendent  Fisheries  and  Game. 


George  Berg,  Superintendent  Hatcheries. 

OFFICES 

Rooms  5-10  Southeast  Section  Basement,  State  House,  In- 
dianapolis. 

(4) 


PART  I 
DEPARTMENT  OF  CONSERVATION 


1.  Department  of  Conservation.     Section  1.     That  there 
shall  be  and  hereby  is  created  an  administrative  department 
to  be  known  as  the  Department  of  Conservation.     (Acts  1919, 
p.  375.) 

2.  Commission,  Nomination  and  Appointment  of  Mem- 
bers.    Sec.  2.     The  powers  and  duties  of  the  Department  of 
Conservation  shall  be  vested  in  a  conservation  commission 
which  shall  consist  of  four   (4)   members  who  shall  be  ap- 
pointed by  the  Governor,  and  not  more  than  two  (2)  of  whom 
shall  be  adherents  of  the  same  political  party.     Upon  the 
taking  effect  of  this  act,  the  Governor  shall  appoint  the  four 
(4)  members  of  the  conservation  commission,  one  (1)  of  whom 
shall  be  designated  to  hold  office  for  one  (1)  year,  one  (1)  for 
two  (2)  years,  one  (1)  for  three  (3)  years  and  one  (1)  for 
four  years,  and  until  their  successors  have  been  appointed 
and  qualified:     Provided,  That  at  least  one   (1)   member  of 
such  commission  may  be  appointed  by  the  Governor  from  a 
list  of  persons  nominated  by  the  Indiana  Academy  of  Science, 
and  the  successors  of  such  appointee  may  in  like  manner  be 
so  nominated  and  appointed.     At  the  expiration  of  the  term 
of  office  of  each  of  the  commissioners  so  appointed,  and  every 
four  (4)  years  thereafter,  the  Governor  shall  appoint  a  suc- 
cessor to  hold  office  for  the  term  of  four  (4)  years,  and  until 
his  successor  has  been  appointed  and  qualified.     The  Gov- 
ernor v  shall  fill  any  vacancy  occurring  in  the  membership  of 
the  commission  and  may  remove  any  member  of  the  commis- 
sion after  a  hearing  for  cause.     The  members  of  the  com- 
mission shall  serve  without  compensation  but  shall  receive 
their  traveling  and  other  necessary  expenses  when  engaged 
upon  their  official  duties.     (Acts  1919,  p.  375.) 

3.  Director,  Salary.     Sec.  3.     The  commission  shall  ap- 
point a  director  wrho  shall  be  chosen  solely  for  fitness  irrespect- 
ive of  political  beliefs  or  affiliations,  who  shall  serve  at  the 
pleasure  of  the  commission,  who  shall  be  the  executive  officer 

(5) 


:-.::•'::••::.•-  ';    ..:        6: 

of  the  department  who  shall  act  as  chief  of  one  or  more  of  the 
divisions  hereinafter  created,  and  who  shall  receive  a  salary  of 
not  to  exceed  four  thousand  dollars  ($4,000.00)  annually,  to  be 
fixed  by  the  commission,  subject  to  the  approval  of  the  Gov- 
'ernor.  The  director  shall  have  power,  with  the  approval  of 
the  commission,  to  appoint,  and  remove  for  cause,  chiefs  of 
divisions,  and,  upon  the  recommendation  of  said  chiefs,  to  ap- 
point and  remove  all  assistants,  inspectors  and  employees 
thereof.  (Acts  1919,  p.  376.) 

4.  Duties  of  Director,  Fish  and  Game  Wardens.     Sec.  4. 
The  director  shall  have  the  supervision  of  the  work  of  the  de- 
partment and  of  each  of  the  divisions.     He  shall  have  the  con- 
trol of  all  officers,  deputies,  inspectors  and  employees  charged 
with  the  enforcement  of  the  penal  provisions  of  this  act  or  of 
the  rules  and  regulations  of  the  commission.     He  shall  have 
direct  charge  of  the  fish  and  game  deputies  and  wardens  in 
the  enforcement  of  the  laws  relating  to  fisheries  and  game.  He 
may,  with  the  approval  of  the  commission,  co-operate  with  any 
other  department  of  the  state  government  in  the  enforcement 
of  law,  and  to  that  end  may  assign  deputies  to  aid  such  de- 
partment in  making  inspections  and  in  the  prevention  or  de- 
tection of  crime  and  may  receive  like  assistance  from  the 
deputies  of  any  other  state  department.     Whenever  deputies 
or  employees  of  one  department  are  assigned  to  another  de- 
partment, such  deputies  or  employees  shall  be  paid  from  the 
funds  of  the  department  to  which  they  are  assigned.     (Acts 
1919,  p.  376.) 

5.  Chiefs  of  Divisions  and  Assistants.     Sec.  5.     Chiefs  of 
divisions,  and  all  assistants,  inspectors  and  employees,  shall 
be  chosen  solely  for  fitness  for  the  position,  professional  or 
practical,  as  the  nature  of  the  position  shall  demand,  irrespect- 
ive of  political  beliefs  or  affiliations,  which  fitness  may  be  de- 
termined by  examination  or  otherwise,  as  the  commission  shall 
determine.     They  shall  each  receive  a  compensation  to  be  de- 
termined by  the  commission,  upon  the  recommendation  of  the 
director,   subject  to  the   approval  of  the   Governor.     (Acts 
1919,  p.  376.) 

6.  Election  of  Officers,  Rules  and  Regulations.     Sec.  6. 
Immediately  upon  the  taking  effect  of  this  act  and  the  ap- 
pointment of  the  commission,  and  annually  thereafter,  the 


commission  shall  meet  and  organize  by  the  election  of  one  (1) 
of  its  members  as  chairman,  who  shall  hold  office  for  one  (1) 
year.  Three  (3)  members  shall  constitute  a  quorum  to  do 
business.  The  commission  shall  have  power  to  make  rules  and 
regulations  for  the  conduct  of  its  meetings,  and,  upon  the 
recommendation  of  the  director  of  the  department,  for  the 
conduct  of  the  work  of  the  department,  and  its  several  divi- 
sions. The  commission  may  make  rules  and  regulations 
authorized  by  this  act  and  such  others  as  may  be  necessary 
in  their  judgment  to  carry  out  its  provisions,  and  such  rules 
and  regulations,  when  approved  by  the  Governor,  and  promul- 
gated as  hereinafter  provided,  shall  have  the  force  and  effect 
of  law,  and  any  person,  firm  or  corporation  who  shall  violate 
any  of  the  provisions  of  such  rules  or  regulations  shall  be  sub- 
ject to  a  fine  of  not  less  than  ten  dollars  ($10)  nor  more  than 
three  hundred  dollars  ($300)  for  each  offense,  to  which  may 
be  added  imprisonment  in  the  county  jail  for  not  less  than 
thirty  (30)  days  nor  more  than  six  (6)  months.  In  issuing 
such  rules,  the  conservation  commission  shall  have  full  author- 
ity to  prescribe  reasonable  fees  for  any  inspection  or  other  like 
service  within*  the  purview  of  this  act,  and  performed  by  the 
commission  or  any  of  its  assistants  or  employees.  All  such 
rules  and  regulations  issued  by  the  conservation  commission 
shall  bear  the  seal  of  the  commission  and  be  attested  by  the 
director  and  signed  by  the  Governor,  and  shall  state  specifically 
therein  the  date  on  which  such  rules  and  regulations  shall  be 
promulgated  by  the  conservation  commission  by  publishing 
the  same  in  pamphlet  or  leaf  form  and  supplying  at  least 
twelve  (12)  copies  thereof  to  the  clerk  of  the  circuit  court  of 
every  county  in  the  state,  not  less  than  ten  (10)  days  prior  to 
the  date  on  which  such  rules  and  regulations  will  become  ef- 
fective. (Acts  1919,  p.  377.) 

7.  Powers  of  the  Department.  Sec.  7.  The  Department 
of  Conservation  shall  have  power  to  investigate,  compile  and 
disseminate  information  and  make  recommendations  concern- 
ing the  natural  resources  of  the  state  and  their  conservation ; 
including  the  drainage  and  reclamation  of  lands ;  flood  preven- 
tion ;  development  of  water  power ;  culture  and  preservation  of 
forests ;  fish  and  game ;  the  •  preservation  of  soils ;  the  pre- 
vention of  the  waste  mineral  resources;  the  prevention  and 

*  Note. — Through  an  error  in  transcribing,  the  law  as  passed  reads  "without." 


8 

methods  of  control  or  [of]  plant  diseases,  infections  and  pests ; 
the  prevention  and  methods  of  control  of  bee  diseases  and  the 
increased  production  of  honey  and  the  use  of  bee  appliances; 
and  such  other  questions  or  subjects  as  may  be  contemplated 
in  this  act;  and  shall  have  power  to  co-operate  with  the  ap- 
propriate departments  of  the  federal  government  in  conduct- 
ing topographical  and  other  surveys,  experiments  or  work  of 
joint  interest  to  the  state  and  the  federal  government.  (Acts 
1919,  p.  378.) 

8.  Co-operation  with  Public  or  Private  Institutions.    Sec. 
8.     The  Department  of  Conservation  shall  have  the  right  to 
co-operate  with  any  public  or  private  institution  or  with  indi- 
viduals, societies  or  associations  of  individuals  in  making  scien- 
tific investigations,  compiling  reports  or  otherwise  in  such 
manner  and  to  such  extent  as  the  commission  in  its  discretion 
may  deem  necessary  or  advantageous  in  carrying  out  the  pur- 
pose of  this  act.     (Acts  1919,  p.  378.) 

9.  Power   to   Administer   Oaths   and   Examine   Records. 

Sec.  9.  Each  of  the  members  of  the  conservation  commission 
and  each  of  the  chiefs  of  divisions  of  the  department  of  conser- 
vation, shall  have  the  power  to  administer  oaths,  and  to  certify 
to  official  acts.  The  conservation  commission,  and  each  of  the 
chiefs  of  divisions  of  the  department  of  conservation,  shall 
have  the  power  to  require  information  for  any  lawful  purpose 
under  this  act  from  public  officers,  corporations,  associations 
and  individuals;  to  issue  subpoenas,  to  require  the  attend- 
ance of  witnesses;  to  examine  witnesses  under  oath;  to  re- 
quire the  production  of  books,  accounts,  papers,  records,  docu- 
ments and  testimony,  for  any  lawful  purpose  under  this  act.  In 
case  of  disobedience  on  the  part  of  any  person  or  persons  to 
comply  with  any  lawful  order  of  the  commission,  or  of  any 
member  of  the  commission,  or  of  any  chief  of  division,  or 
any  lawful  subpoena,  or  on  the  refusal  of  any  witness  to  test- 
ify to  any  matter  regarding  which  he  may  be  lawfully  in- 
terrogated before  the  commission,  or  by  any  member  of  the 
commission,  or  by  any  chief  of  division,  it  shall  be  the  duty 
of  the  circuit  court  or  superior  court  of  any  county,  or  the 
judge  thereof,  having  jurisdiction  of  the  person  or  persons 
on  application  of  the  conservation  commission,  or  of  any  mem- 
ber of  the  conservation  commission,  or  of  any  chief  of  divi- 
sion, whose  order  or  subpoena  has  been  disobeyed,  to  compel 


9 

obedience  to  the  requirements  of  the  subpoena,  to  compel 
obedience  to  the  order  of  the  conservation  commission,  or  of 
the  member,  or  of  the  chief  of  division,  and  to  compel  the  pro- 
duction of  books,  accounts,  papers,  records,  documents  and 
testimony,  and  upon  failure,  refusal  or  neglect  of  any  person 
or  persons  to  comply  with  the  order  of  the  court,  or  judge 
thereof,  made  on  the  application  of  the  conservation  commis- 
sion, or  of  the  member  of  the  conservation  commission,  or  of 
a  chief  of  division,  as  herein  provided,  such  person  or  per- 
sons shall  be  punished  for  contempt  of  court.  (Acts  1919,  p. 
378.) 

10.  Report  to  the  Governor.     Sec.  10.     The  commission 
shall,  on  or  before  the  first  day  of  December  in  each  year,  pre- 
sent to  the  Governor  a  report  of  the  department  which  shall 
contain,  in  addition  to  such  information  and  recommendations 
as  the  commission  shall  see  fit  to  include,  the  reports  of  the  di- 
rector and  of  the  several  divisions  of  the  department.     The  re- 
port, or  such  part  or  parts  thereof  as  the  commission  may 
deem  to  be  of  the  most  general  importance,  may  be  published, 
with  the  consent  of  the  Governor,  and  the  expense  thereof 
paid  out  of  the  appropriation  for  the  board  of  public  printing. 
The  commission  shall  likewise  prepare  and  submit  a  condensed 
annual  report  of  the  work  of  the  commission  and  the  several 
divisions  thereof,  in  such  form  as  the  Governor  may  prescribe, 
to  be  incorporated  in  the  Indiana  Year  Book.     (Acts  1919, 
p.  378.) 

11.  Publication  of  Information.     Sec.  11.     The  commis- 
sion may  in  its  discretion  cause  to  be  prepared  such  technical 
and  non-technical  literature  and  information  relating  to  mat- 
ters within  the  field  of  work  of  the  department  of  any  divir 
sion  thereof,  as  they  shall  deemed  [deem]  suitable  and  worthy 
of  publication,  and  shall  disseminate  the  same  through  the 
public  press  and  otherwise,  and  the  same  may  be  published  in 
bulletin  form  by  the  commission  with  the  approval  of  the  Gov- 
ernor, and  the  same  shall  be  paid  for  out  of  any  funds  appro- 
priated for  the  expenses  of  the  department.     (Acts  1919,  p. 
379.) 

12.  Divisions  of  Department,  and  Chiefs.     Sec.  12.     The 
Department  of  Conservation  shall  consist  of  the  following  di- 
visions : 


10 

1.  Geology. 

2.  Entomology. 

3.  Forestry. 

4.  Lands  and  Waters. 

5.  Fish  and  Game. 

The  chief  of  the  division  of  geology  shall  be  known  and 
designated  as  the  State  Geologist;  the  chief  of  the  division 
of  entomology,  as  the  State  Entomologist;  the  chief  of  the 
division  of  forestry,  as  the  State  Forester;  the  chief  of  the 
division  of  lands  and  waters,  as  the  Superintendent  of  Lands 
and  Waters;  and  the  chief  of  the  division  of  fish  and  game, 
as  the  Superintendent  of  Fisheries  and  Game. 

Divisions,  other  than  those  hereinbefore  enumerated,  may 
be  created  from  time  to  time  by  the  conservation  commis- 
sion, with  the  approval  of  the  Governor,  as  the  work  of  the 
commission  develops  and  as  it  may  be  desirable  or  necessary  to 
differentiate  the  work  of  the  department.  But  in  the  creation 
of  such  divisions  the  commission  shall  have  no  authority  to 
exercise  any  powers  and  duties  not  otherwise  conferred  by 
the  provisions  of  this  act.  (Acts  1919,  p.  380.) 

13.  Chiefs  to  Have  Supervision  and  Management.     Sec. 
13.     The  chief  of  each  division,  under  the  direction  of  the  di- 
rector, shall  have  immediate  supervision  and  management, 
and  shall  be  responsible  for  the  work  of  the  division.     On 
or  before  the  fifteenth  day  of  November  in  each  year,  he 
shall  make  a  complete  report  to  the  director  of  his  activities 
during  the  preceding  year,  and  he  shall  make  such  additional 
reports  from  time  to  time  as  the  director  may  require.     (Acts 
1919,  p.  380.) 

14.  Power  to  Execute  and  Serve  Warrants  and  Processes. 

Sec.  14.  Any  member  of  the  conservation  commission,  or  the 
director,  or  the  chief  of  any  division,  or  any  regularly  ap- 
pointed assistant,  inspector  or  employee  is  hereby  authorized 
and  empowered  to  execute  and  serve  all  warrants  and 
processes  issued  by  any  justice  of  the  peace  or  any  court 
having  jurisdiction  under  any  of  the  provisions  of  this  act 
or  under  any  of  the  provisions  of  any  act  which  the  conserva- 
tion commission  is  by  this  act  empowered  to  execute  and  ad- 
minister, in  the  same  manner  as  any  constable  or  sheriff  may 
serve  and  execute  such  warrant  or  process  and  to  arrest  and 
detain  without  a  warrant,  any  person  found  by  them  violat- 


11 

ing  any  of  the  provisions  of  this  act  or  of  any  of  the  provi- 
sions of  any  act  which  the  conservation  commission  is  by  this 
act  empowered  to  execute  and  administer,  until  a  legal  war- 
rant can  be  obtained.  (Acts  1919,  p.  381.) 

DIVISION  OF  GEOLOGY 

15.  Geology.     Sec.  15.     The  Department  of  Conservation 
shall  have  the  following  rights,  powers  and  duties : 

1.  It  shall  continue  the  geological,   scientific  and  topo- 
graphic survey  of  this  state  and  the  work  of  discovering,  de- 
veloping and  preserving  its  natural  resources. 

2.  It  shall  recommend  and  secure  the  enforcement  of  laws 
for   the   conservation   and   development   of   the   natural   re- 
sources of  the  state. 

3.  It  shall  collect  and  disseminate  information  concern- 
ing the  agricultural,  mining  and  manufacturing  advantages 
of  the  state  and  shall  give  special  attention  to  the  discovery 
of  minerals,  stone,  clay  or  other  natural  substances  useful  in 
agriculture,  road  making,  manufacture  or  the  mechanical  arts 
and  to  the  prevention  of  waste  of  minerals  and  mineral  prod- 
ucts and  coal. 

4.  The  commission  shall  have  charge  of  the  state  geolog- 
ical cabinet,  museum,  apparatus  and  library,  and  shall,  from 
time  to  time,  as  may  be  practicable,  add  specimens  thereto. 
(Acts  1919,  p.  381.) 

DIVISION  OF  ENTOMOLOGY 

16.  Entomology.    Sec.  16.    The  Department  of  Conserva- 
tion shall  have  power  and  it  shall  be  its  duty: 

1.  To  enforce  the  laws  relating  to  horticulture  and  bee- 
keeping. 

2.  To  inspect  orchards,  nurseries,  nursery  stock,  fields, 
fruits  and  all  horticultural  and  agricultural  plants  and  plant 
products;  all  supplies,  packing  houses,  warehouses  and  other 
places   where  fruit   or  other  horticultural   and   agricultural 
plants  and  plant  products  are  packed,  stored  or  shipped,  as 
well  as  other  trees  and  properties,  to  ascertain  whether  the 
same  are  infected  or  infested  with  any  disease  or  pest  in- 
jurious to  fruit,  fruit  trees  or  other  horticultural  or  agri- 
cultural plants,  and  to  compel  the  owner  to  disinfect,  fumigate 
or  destroy  the  same  and  to  prevent  the  spread  thereof. 


12 

3.  To  require  the  disinfection,  fumigation  or  other  treat- 
ment of  all  trees,  ornamental  shrubbery,  orchards,  nurseries 
and  nursery  stock,  fruit  or  vegetable  packing  houses,  or  any 
other  places  infested  with  any  pest,  fungi  or  disease  injurious 
to  horticultural  or  agricultural  plants  or  plant  products. 

4.  To  inspect  and  examine  orchards,  fruits,  nursery  stock, 
fields  and  all  horticultural  and  agricultural  plants  and  plant 
products,  at  the  request  of  the  owner  thereof,  for  the  purpose 
of  ascertaining  the  existence  of  any  disease  or  pest  and  to  re- 
port to  the  applicant  the  results  of  such  inspection  and  to 
prescribe  proper  remedies  or  treatment  therefor. 

5.  To  prevent  the  introduction  and  spread  of  diseases  or 
pests  injurious  to  fruits,  fruit  trees,  horticultural  and  agri- 
cultural plants  and  plant  products  and  bees,  and  to  specify  the 
means  and  methods  to  be  employed  for  the  prevention,  sup- 
pression or  control  of  such  diseases  or  pests. 

6.  To  formulate  rules  and  regulations  for  the  guidance  of 
inspectors  in  making  inspections  and  investigations  under  the 
provisions  of  this  act. 

7.  To  examine  any  apiaries  consisting  of  one  (1)  or  more 
hives  for  the  purpose  of  discovering,  treating  and  preventing 
diseases  that  may  exist  among  bees,  and  to  destroy  all  colonies 
and  appliances  affected  by  foul  brood  and  other  diseases  when- 
ever in  the  judgment  of  the  inspector  such  destruction  is 
necessary,  he  being  sole  judge  of  such  necessity;  and  to  make 
rules  and  regulations  to  prevent  the  spread  of  bee  diseases. 

8.  To  require  all  bees  to  be  kept  in  movable  frame  hives. 

9.  To  teach  bee  keepers  how  to  keep  bees  in  the  most 
approved  manner,  to  hold  field  or  other  demonstrations,  make 
exhibits  at  the  state  fair,  and  at  other  places,  and  on  other 
occasions  in  the  state. 

10.  To  regulate   all   shipments   of  trees,   shrubs,   vines, 
plants  or  other  nursery  stock  into  or  within  the  state. 

11.  To  require  licenses  of  all  dealers  and  agents  engaged 
in  the  business  of  buying  or  selling  trees,  shrubs,  vines,  plants 
or  other  nursery  stock,  and  to  make  such  rules  and  regulations 
as  may  be  necessary  to  regulate  the  same.     The  cost  of  such 
license  shall  be  one  dollar  ($1)  and  shall  be  good  for  one  (1) 
year  from  date  of  issue. 

12.  To  destroy  any  infected  nursery  stock,  fruit  trees,  or 
other  horticultural  or  agricultural  plants,  or  plant  products, 


13 

whenever,  in  the  judgment  of  the  commission,  the  same  may 
be  necessary  to  prevent  the  spread  of  plant  diseases  or  pests. 

13.  To  formulate  and  enforce  necessary  quarantine  regu- 
lations, subject  to  the  approval  of  the  Governor. 

14.  To  prepare,  print,  post  or  distribute  printed  matter 
relating  to  fruit,   horticultural,   floricultural   or  agricultural 
plants  or  plant  products  and  bees  and  bee-keeping  and  the  dis- 
eases and  pests  affecting  the  same,  and  make  investigations 
and  experiments  in  regard  to  bees,  bee-keeping  and  diseases 
and  pests. 

15.  To  inspect  all  foreign  grown  nursery  stock  shipped 
into  the  state,  unless  the  same  has  been  inspected  by  a  state 
or  government  inspector. 

16.  To  issue  certificates  of  inspection  to  nurseries  and 
dealers  or  other  persons  on  stock  inspected. 

17.  To  make  all  necessary  rules  and  regulations  for  the 
enforcement  of  the  law  relating  to  horticulture  and  bee-keep- 
ing and  the  prevention  of  plant  diseases  and  pests.     (Acts 
1919,  p.  382.) 

DIVISION  OF  FORESTRY 

17.     Forestry.     Sec.   17.     The  Department  of  Conserva- 
tion shall  have  the~  following  powers,  duties  and  authority : 

1.  To  have  the  care,  custody  and  control  of  the  forest 
lands  owned  by  the  state/  exclusive  of  state  parks. 

2.  To  make  necessary  rules  and  regulations  to  secure 
proper  enforcement  of  the  provisions  of  this  act. 

3.  To  establish,  operate  and  maintain  nurseries  for  the 
production  of  trees  to  be  used  in  reforestation.     Such  trees 
may  be  used  to  reforest  any  land  owned  by  the  state  ^  sup- 
plied to  owners  of  private  land  at  a  price  not  exceeding  cost  of 
production ;  or  used  for  planting  on  public  roads  or  lands  under 
such  %  terms  as  may  by  the  department  of  conservation  be 
deemed  to  be  for  the  public  benefit. 

4.  To  prepare,  print,  post  or  distribute  printed  matter 
relating  to  forestry. 

5.  To  make  investigations  or  experiments  with  regard  to 
forestry  questions. 

6.  Subject  to  the  approval  of  the  Governor,  to  purchase 
lands  and  forests.     For  the  purpose  of  acquiring  lands  and 
forests,  the  commission  may  exercise  the  right  of  eminent  do- 
main, in  the  manner  hereinafter  provided. 


14 

7.  To  receive  and  accept  in  the  name  of  the  people  of  the 
state,  by  gift  or  devise,  the  fee  or  other  estate  therein  of  lands 
or  forests. 

8.  To  examine  the  forest  lands  owned  by  the  state,  or 
by  any  state  institution,  for  the  purpose  of  advising  and  co- 
operating in  securing  proper  forest  management  of  such  lands. 

9.  To  employ  with  the  approval  of  the  authorities  having 
control  of  any  state  penal  institutions,  convicts  committed  to 
any  penal  institution,  for  the  purpose  of  producing  or  planting 
trees,  building  roads  or  doing  other  work  in  the  forests  and 
in  clearing,  draining  or  developing  lands  purchased  or  acquired 
by  the  state  for  forestry  purposes. 

10.  To  propagate  trees  and  shrubs  for  the  several  state 
institutions  or  for  planting  along  highways.     Any  common 
carrier  may  transport  trees  or  shrubs  grown  by  the  state  at 
a  rate  less  than  the  established  tariff  to  and  from  points 
within  the  state. 

11.  To  have  the  custody  of  all  abstracts  of  title,  papers, 
contracts  or  memoranda  relating  thereto,  except  original  deeds 
to  the  state,  for  any  lands  purchased  or  received  under  the 
provisions  of  this  section. 

12.  To  examine  private  forest  lands  upon  request  of  the 
owners  thereof,  at  the  expense  of  such  owners,  for  the  pur- 
pose of  advising  the  owners  as  to  the  proper  methods  of  for- 
est management.     (Acts  1919,  p.  384.) 

DIVISION  OF  LANDS  AND  WATERS 

18.  Lands  and  Waters.  Sec.  18.  The  Department  of 
Conservation  shall  have  the  following  powers,  duties  and 
authority : 

1.  To  have  the  care,  custody  and  control  of  the  several 
preserves  and  parks  owned  by  the  state,  other  than  the  state 
forest  reserves. 

2.  To  make  necessary  rules  and  regulations  to  secure 
proper  enforcement  of  the  provisions  of  this  act. 

3.  To  prepare,  print,  post  or  distribute  printed  matter  re- 
lating to  the  state  parks  and  preserves. 

4.  Subject  to  the  approval  of  the  Governor,  to  purchase 
lands  for  parks  or  preserves  and  scenic  and  historic  places. 
For  the  purpose  of  acquiring  lands  for  parks  or  preserves  and 
scenic  and  historic  places,  the  commission  may  exercise  the 
right  of  eminent  domain,  in  the  manner  hereinafter  provided. 


15 

5.  To  receive  and  accept  in  the  name  of  the  people  of  the 
state  by  gift  or  devise,  the  fee  or  other  estate  therein  of  lands 
or  scenic  or  historic  places. 

6.  To  employ,  with  the  approval  of  the  authorities  hav- 
ing control  of  any  state  penal  institution,  the  convicts  com- 
mitted to  any  such  penal  institution,  for  the  purpose  of  pro- 
ducing or  planting  trees,  clearing,  improving,  repairing,  drain- 
ing or  developing  lands  purchased  or  acquired  by  the  state  for 
parks  or  as  scenic  or  historic  places. 

7.  To  have  the  custody  of  all  abstracts  of  title,  papers, 
contracts  or  memoranda  relating  thereto,  except  original  deeds 
to  the  state,  for  any  lands  purchased  or  received  for  parks 
or  preserves  or  as  scenic  or  historic  purposes  under  the  provi- 
sions of  this  section. 

8.  To  investigate  lakes  and  streams  and  springs  of  the 
state  for  the  purpose  of  protecting  them  against  impurities 
or  pollution  by  industrial,  municipal  or  other  sewage  waste. 
In  cases  of  existing  pollution,  it  shall  make  investigation  and 
report  on  the  method  of  sewage  purification  and  disposal  and 
shall  take  such  steps  as  it  may  deem  necessary  to  prevent 
further  pollution,  except  in  such  territory  in  this  state  where 
sanitary   districts   have  been  created   or  may  hereafter  be 
created  under  existing  law  or  amendment  thereto  and  to  exe- 
cute the  laws  of  this  state  and  the  rules  and  regulations  of 
the  commission  issued  thereunder,  relative  to  the  pollution  of 
lakes,  streams  and  springs. 

9.  To  have  general  charge  and  supervision  of  the  navi- 
gable streams  and  water  courses  of  the  state  within  the  gov- 
ernment survey  meander  lines  except  otherwise  provided  in 
this  act. 

10.  To  issue  permits  to  any  person,  firm  or  corporation 
to  take  coal,  sand  or  gravel  from  or  under  the  bed  of  any 
navigable  stream  or  water  course  or  from  or  under  the  bed  of 
any  lake  wholly  within  the  state;  to  fix  a  reasonable  amount 
per  cubic  yard  or  ton  which  any  such  person,  firm  or  corpora- 
tion shall  pay  for  the  privilege  of  taking  such  coal,  sand  or 
gravel;  to  prescribe  the  areas  within  which  it  shall  be  unlaw- 
ful to  take  coal,  sand  or  gravel ;  to  fix  the  dates  on  which  any 
such  person,  firm  or  corporation  shall  report  to  the  commis- 
sion the  amounts  of  coal,  sand  or  gravel  taken  for  any  previous 
determinate  period  of  time;  to  fix  the  amount  of  the  bond 
which  any  such  person,  firm  or  corporation  shall  execute,  con- 


16 

ditioned  for  the  payment  of  all  sums  of  money  due  the  state  by 
reason  of  the  taking  of  such  coal,  sand  or  gravel  during  the 
year,  ending  December  31st,  in  which  the  permit  was  issued; 
to  revoke  or  suspend  any  such  permit  at  any  time  for  the 
failure  or  refusal  of  any  such  person,  firm  or  corporation  to 
comply  with  the  provisions  of  this  act  or  the  rules  and  regula- 
tions of  the  commissions  issued  thereunder;  to  adopt  and  pro- 
mulgate all  necessary  rules  and  regulations  for  the  enforce- 
ment of  the  laws  relating  to  the  taking  of  coal,  sand  or  gravel 
from  or  under  the  bed  of  any  navigable  stream  or  water  course 
or  from  or  under  the  bed  of  any  lake  within  the  state.  All 
such  rules  and  regulations  of  the  commission  issued  under 
this  sub-section,  when  approved  by  the  Governor  shall  have 
the  force  and  effect  of  law,  and  any  violation  thereof  shall 
subject  the  offender  to  a  fine  of  not  to  exceed  three  hundred 
dollars  ($300)  and  each  day's  violation  shall  be  deemed  to  con- 
stitute a  separate  and  distinct  offense.  (Acts  1919,  p.  385.) 

DIVISION  OF  FISH  AND  GAME 

19.  Fish  and  Game.  Sec.  19.  The  Department  of  Con- 
servation shall  have  power  and  authority  and  it  shall  be  its 
duty: 

1.  To   examine  the  various  lakes,   rivers,   streams   and 
water  courses  in  this  state  and  ascertain  whether  they  can  be 
rendered  more  productive  in  the  supply  of  fish,  and  what 
measures  are  desirable  and  expedient  to  effect  this  object 
either  in  propagating  and  protecting  the  fish  that  at  present 
frequent  the  same,  or  in  the  selection  and  propagation  of  other 
species  of  fish  therein,  or  both. 

2.  To  inquire  into  and  test  the  best  modes  of  the  arti- 
ficial propagation  of  fish  in  the  various  waters  of  the  state, 
and  procure  and  superintend  the  procuring  of  such  fish,  fish 
eggs  and  spawn,  as  shall  be  necessary  for  said  waters  and  the 
propagation  of  same  therein. 

3.  To  inquire  into  the  best  methods  of  preserving  and 
propagating  the  game,  game  birds  and  song  birds  now  in 
the  state,  and  introduce  such  varieties  of  game  and  game 
birds,  foreign  to  the  state,  as  may  be  deemed  for  the  best 
interests  of  the  people  of  the  state. 

4.  To  take  or  cause  to  be  taken,  any  fish  or  game,  in  any 
manner  and  at  any  time,  for  the  purposes  connected  with  fish 


17 

or  game  culture,  protection,  preservation  or  propagation,  or 
with  scientific  observation. 

5.  To  acquire  lands  or  water  and  build  or  acquire  the 
necessary  equipment  for  the  propagation  of  fish  and  game, 
and  to  engage  in  the  propagation  of  such  species  of  fish  and 
game  as  the  commission  may  determine  to  be  for  the  best 
interests  of  the  state. 

6.  To  see  that  all  laws  for  the  protection  of  fish  and  game 
are  enforced,  and  institute  proceedings  for  the  punishment 
of  any  person  or  persons  violating  said  laws  within  the  State 
of  Indiana. 

7.  To  encourage  and  assist,  in  so  far  as  is  consistent  with 
this  act,  the  organization  and  establishment  of  fish  and  game 
protective  associations  in  the  several  counties  of  the  state,  to 
the  end  that  the  work  of  the  conservation  department  and  the 
laws  of  the  state  relating  to  the  propagation  and  conserva- 
tion of  fish  and  game  may  be  made  more  effective.     (Acts 
1919,  p.  387.) 

20.  Clerks  to  Report  to  Department.  Sec.  20.  Each 
clerk  and  appointee  authorized  by  law  to  issue  licenses  to  hunt 
or  fish  shall  report  to  the  department  on  the  first  day  of  each 
and  every  month,  informing  them  of  the  number  of  licenses 
issued  by  such  clerk  or  appointee  during  the  preceding  month, 
the  names  of  the  licensees  and  the  number  of  blank  licenses 
remaining  in  his  possession.  Such  clerks  and  appointees  shall 
at  the  time  of  making  such  report,  remit  to  the  department  all 
moneys  collected  for  such  licenses  as  shall  have  been  issued 
and  the  said  clerks  shall  also  remit  therewith  all  moneys  re- 
ceived by  them  from  fines  or  other  sources  that  may  be  due  to 
the  department.  Each  clerk  or  appointee  shall  be  entitled  to 
charge  for  his  services  the  sum  of  ten  cents  (lOc)  for  each 
license  issued  by  him.  Justices  of  the  peace  or  other  officers 
who  shall  collect  moneys  due  the  department  for  violation  of 
any  of  the  provisions  of  the  fish  and  game  laws  of  the  state 
shall  promptly  remit  the  same  to  the  department.  The  de- 
partment shall  on  the  first  day  of  each  month,  pay  to  the  audi- 
tor of  state  all  moneys  received  by  them  from  all  such  sources 
during  the  preceding  month.  The  Auditor  of  State  shall  keep 
a  record  of  the  amounts  so  received,  and  shall,  upon  the  re- 
ceipt of  such  amounts,  turn  the  same  over  to  the  Treasurer  of 
State.  The  moneys  so  paid  to  the  Treasurer  of  State,  together 

2—16367 


18 

with  such  other  sums  as  may  be  appropriated  or  set  apart  for 
that  purpose,  shall  constitute  a  fund  to  be  known  as  the  fish 
and  game  protective  and  propagation  fund,  which  shall  be 
used  for  the  purpose  of  protecting  and  propagating  game,  fish 
and  tirds  in  the  state,  and  paying  the  salaries  and  expenses 
of  the  fish  and  game  warden  deputies:  Provided,  That  the 
salary  of  the  chief  of  the  division  of  fish  and  game  and  such 
pro-rata  share  of  the  salary  of  the  director  of  the  Conserva- 
tion Department,  of  the  expenses  of  the  members  of  the  con- 
servation commission  and  such  general  office  expenses  as  the 
conservation  commission  may  determine  shall  be  paid  out  of 
the  fish  and  game  protective  and  propagation  fund.  (Acts 
1919,  p.  388.) 

21.  Regular  and  Specific  Appropriations.  Sec.  21.  All 
regular  and  specific  appropriations  made  for  the  maintenance 
and  support  of  the  department  of  geology  and  natural  re- 
sources, the  gas  inspection  department,  the  fish  and  game 
commissioner,  the  department  of  state  entomologist  and  the 
state  board  of  forestry  and  unexpended  on  the  taking  effect 
of  this  act  shall -revert  to  the  general  fund.  The  sum  of 
thirty  thousand  dollars  ($30,000)  or  so  much  thereof  as  may 
be  necessary  is  hereby  appropriated  to  defray  the  expenses  of 
the  department  of  conservation  from  the  date  this- act  takes 
effect  up  to  and  including  September  30,  1919.  All  fees  as- 
sessed and  collected  by  any  of  the  foregoing  offices  and  de- 
partments which  are  by  this  act  abolished  shall  be  placed  at 
the  disposal  of  the  commission  to  be  expended  in  the  man- 
ner and  for  the  purpose  hereinafter  enumerated.  Beginning 
with  October  1,  1919,  the  sum  of  sixty  thousand  dollars  ($60,- 
000)  or  so  much  thereof  as  may  be  necessary,  is  hereby  ap- 
propriated annually  out  of  the  state  treasury  for  the  use  of 
the  department.  The  amounts  received  from  licenses  to  hunt 
or  fish  and  fees  for  violation  of  the  fish  and  game  laws  of  the 
state  shall  be  held  in  a  separate  fund  known  as  the  fish  and 
game  protection  and  propagation  fund,  and  shall  be  used  by 
the  department  for  the  work  of  the  division  of  fish  and  game, 
and  the  amount  received  from  licenses  to  hunt  and  fish  is 
hereby  appropriated  for  the  use  of  the  division  of  fish  and 
game  in  the  department,  and  shall  be  expended  by  the  de- 
partment for  the  purpose  of  protecting  and  propagating  game, 
fish  and  birds  in  the  state,  and  paying  the  salaries  and  ex- 


19 

penses  of  the  fish  and  game  wardens  and  deputies.  All  fines 
or  license  fees  received  by  any  other  division  of  the  depart- 
ment, together  with  all  money  received  from  fines  and  license 
fees  by  any  office  or  department  by  this  act  abolished  and 
placed  at  the  disposal  of  any  division  of  the  department  on 
the  taking  effect  of  this  act,  shall  be  expended  by  the  depart- 
ment exclusively  for  the  work  of  the  appropriate  division, 
except  as  provided  in  section  20  of  this  act.  (Acts  1919, 
p.  389.) 

22.  Revolving  Fund,  Surplus  to  Revert  to  State.     Sec.  22. 
All  funds  accruing  to  the  use  of  any  division  of  the  Depart- 
ment of  Conservation,  other  than  regular  or  specific  appropria- 
tion made  by  the  general  assembly,  shall  be  deemed  to  con- 
stitute a  revolving  fund  for  the  use  of  the  respective  divisions 
and  no  part  of  such,  fund  shall  revest  to  the  state  treasury  at 
the  close  of  any  fiscal  year  until  any  such  revolving  fund 
credited  to  the  use  of  any  division  of  the  department  shall 
reach  the  amount  of  fifty  thousand  dollars  ($50,000),  in  which 
event  all  sums  in  excess  of  fifty  thousand  dollars  ($50,000) 
shall  revert  to  the  state  treasury  at  the  end  of  each  fiscal  year 
and  shall  be  added  to  the  general  funds  of  the  state.     (Acts 
1919,  p.  389.) 

23.  Power  of  Eminent  Domain.     Sec.  23.     The  conserva- 
tion commission  is  hereby  endowed  with  the  right  and  power 
of  eminent  domain  and  is  hereby  authorized  to  exercise  the 
right  and  power  of  eminent  domain  in  so  far  as  the  same  may 
be  necessary  or  proper  for  the  carrying  out  of  the  provisions 
of  this   act.     Whenever   the   conservation   commission   shall 
deem  it  necessary  or  proper  to  appropriate  any  real  estate  or 
acquire  any  right  for  the  carrying  out  of  the  provisions  of 
this  act,  the  conservation  commission  shall  adopt  an  appro- 
priate resolution  setting  forth  a  specific  description  of  the 
real  estate  or  right  deemed  by  the  conservation  commission 
necessary  or  proper  for  the  carrying  out  of  the  provisions  of 
this  act,  the  purpose  for  which  the  real  estate  or  right  is  to  be 
used,  and  such  other  facts  as  are  necessary  under  the  law 
of  this  state  for  the  proper  preparation  of  a  complaint  for 
the  condemnation  of  the  said  real  estate  or  right,  and  shall 
refer  such-  resolution  to  the  Attorney-General  of  this  state. 
Thereupon  the  Attorney-General  shall  commence  in  the  proper 
court  an  action  in  the  name  of  the  State  of  Indiana  on  the 


20 

relation  of  the  conservation  commission  for  the  condemnation 
of  the  said  real  estate  or  right  and  shall  proceed  under  the 
laws  of  this  state  providing  for  condemnation  under  the  power 
of  eminent  domain  to  condemn  the  said  real  estate  or  right  for 
the  carrying  out  of  the  provisions  of  this  act. 

All  expense  incurred  in  conducting  condemnation  proceed- 
ings and  in  acquiring  any  real  estate  or  rights  by  condemna- 
tion for  any  of  the  purposes  of  this  act  shall  be  paid  out  of 
any  funds  appropriated  or  otherwise  available  for  the  use  of 
the  department  of  conservation,  and  not  otherwise  expended 
in  the  work  of  the  Conservation  Department  as  herein  pro- 
vided. (Acts  1919,  p.  390.) 

24.  Rights    and    Powers    Conferred.     Sec.    24.     All    the 
rights,  powers  and  duties  conferred  by  law  upon  the  Natural 
Gas  Supervisor,  the  State  Geologist,  the  State  Board  of  For- 
estry, the  State  Forester,  the  Superintendent  of  State  Forest 
Reserves,  the  State  Entomologist,  the  Commissioner  of  Fish- 
eries and  Game  and  the  State  Inspector  of  Apiaries,  in  so  far 
as  such  rights,  powers  and  duties  are  not  inconsistent  with 
the  provisions  of  this  act,  are  hereby  transferred  to  and  con- 
ferred upon  the  Department  of  Conservation,,  and  the  office 
of  State  Geologist,  the  Department  of  Geology  and  Natural 
Resources,  the  office  of  Supervisor  of  Natural  Gas,  the  State 
Board  of  Forestry,  the  office  of  State  Forester,  the  office  of 
Superintendent  of  State  Forest  Reserves,  the  office  of  State 
Entomologist,  the  office  of  Commissioner  of  Fisheries  and 
Game  and  the  office  of  State  Inspector  of  Apiaries,  as  now 
provided  by  law,  are  hereby  abolished. 

All  work  or  proceedings  begun  under  the  provisions  of  any 
law  which  the  conservation  commission  is  by  this  act  em- 
powered to  execute  and  administer  shall  be  concluded  and  de- 
termined by  the  conservation  commission  in  accordance  with 
the  provisions  of  such  law  and  nothing  contained  in  this  act 
shall  be  construed  to  affect  pending  litigation  growing  out  of, 
connected  with  or  based  on  proceedings  had  under  such  laws. 
(Acts  1919,  p.  391.) 

25.  Penalty  for  Obstructing  or  Hindering   Commission. 

Sec.  25.  Any  person  who  shall  obstruct  or  hinder  any  mem- 
ber of  the  conservation  commission  or  the  director  or  any 
chief  or  regularly  appointed  assistant  or  employee  in  the  law- 
ful discharge  of  his  duties  as  prescribed  in  this  act  shall  be 


21 

deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  such  an  amount  as  the  court  in  its  discretion 
shall  determine  not  to  exceed  three  hundred  dollars  ($300). 
Any  person  who  shall  violate  any  provision  of  this  act  where 
a  specific  penalty  is  not  provided  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  subject  to  a 
fine  of  not  less  than  such  an  amount  as  the  court  in  its  dis- 
cretion shall  determine  not  to  exceed  fifty  dollars  ($50).  (Acts 
1919,  p.  391.) 

26.  Concurrent  Power  to  Attorney- General  and  Prosecut- 
ing  Attorneys.     Sec.   26.     The   Attorney-General   is   hereby 
given  concurrent  power  with  the  several  prosecuting  attorneys 
of  the  State  of  Indiana,  and  it  is  made  the  duty  of  both  the 
Attorney-General  and  the  several  prosecuting  attorneys  of  In- 
diana to  attend  to  a  rigid  enforcement  of  all  of  the  provisions 
of  this  act.     (Acts  1919,  p.  392.) 

27.  Constitutionality   of    Act.     Sec.    27.     If    the    courts 
should  declare  any  section  or  provision  of  this  act  unconsti- 
tutional and  void,  then  such  decision  shall  affect  only  the 
section  or  provision  so  declared  unconstitutional  and  void  and 
shall  not  affect  the  validity  of  any  other  section  or  provision 
of  this  act.     (Acts  1919,  p.  392.) 

28.  Emergency.     Sec.  28.     This  act  shall  take  effect  and 
be  in  force  from  and  after  April  1,  1919.     (Acts  1919,  p.  392.) 


PART  II. 
NATURAL  GAS  SUPERVISOR 


29.  Natural  Gas  Supervisor,  Duties.  Section  1.  That 
the  office  of  Natural  Gas  Supervisor  is  hereby  established,* 
and  within  thirty  days  after  the  taking  effect  of  this  act2  the 
State  Geologist  of  Indiana  shall  appoint3  a  skilled  and  suitable 
person,  who  has  a  practical  knowledge  of  geology  and  natural 
gas,4  and  who  is  not  directly  or  indirectly  interested  in  piping 
or  selling  natural  gas,  as  Natural  Gas  Supervisor  of  the  State 
of  Indiana.  Such  supervisor  shall  serve  for  a  term  of  four 
years,  and  until  his  successor  is  appointed  and  qualified,  and  in 
case  of  a  vacancy  occurs  in  the  office  of  Natural  Gas  Super- 
visor from  any  cause,  the  State  Geologist  shall  fill  said  va- 
cancy by  appointment  as  herein  prescribed:5  Provided,  how- 
ever, The  State  Geologist  shall  have  power  to  remove  such 
supervisor  at  any  time  for  violation  or  neglect  of  duty.6  Such 
supervisor  shall  receive  an  annual  salary  of  twelve  hundred 
dollars,7  and  the  further  sum  of  six  hundred  dollars  for  travel- 
ing and  other  expenses,  and  an  annual  appropriation  of 
eighteen  hundred  dollars  is  hereby  made  out  of  any  moneys 
in  the  state  treasury  not  otherwise  appropriated  for  the  sal- 
ary and  expenses  of  such  supervisor.8  The  State  Geologist 
shall  issue'  to  such  Natural  Gas  Supervisor  a  certificate  of  ap- 
pointment, and  said  supervisor  shall,  within  ten  days  there- 
after, make  arid  execute  a  bond  in  the  sum  of  one  thousand 
dollars,  payable  to  the  State  of  Indiana,  with  his  oath  of 
office  endorsed  thereon,  which  bond  shall  be  for  the  faithful 
performance  of  duty,  and  shall  be  approved  by  and  filed  with 
the  Secretary  of  State.9  Such  supervisor,  when  he  has  quali- 

1  Abolished  by  Conservation  Act,  Sec.  24. 

2  Obsolete. 

3  Superseded  by  Conservation  Act,  Sec.  3. 

4  For  qualifications  of  employees  and  inspectors,  see  Conservation  Act,  Sec.  5. 

5  Terms  of  office  under  the  Conservation  Act  are  for  indefinite  tenure  and  vacancies 
are  filled  as  in  case  of  original  appointments.     See  Sec.  3. 

6  Repealed  by  Conservation  Act,  Sec.  3. 

7  Repealed  by  Conservation  Act,  Sec.  5. 

8  Repealed  by  Conservation  Act,  Sec.  21. 

9  The  provisions  of  this  section  relative  to  a  certificate  of  appointment,  bond  and  oath 
have  probably  not  been  repealed. 

(22) 


23 

fied  according  to  law,  shall  devote  all  his  time  to  the  business 
of  his  office,  and  he  shall  work  at  all  times  under  the  direction 
of  the  State  Geologist.10  He  shall  make  personal  inspection 
of  all  the  gas  wells  of  the  state,  so  far  as  practicable,  and  shall 
see  that  every  precaution  is  taken  to  insure  the  health  and 
safety  of  workmen  engaged  in  opening  gas  wells  and  laying 
mains  and  pipes,  and  of  those  who,  in  any  manner,  use  gas 
for  mechanical,  manufacturing,  domestic  or  other  purposes. 
He  shall  see  that  all  the  provisions  of  law  pertaining  to  the 
drilling  of  wells  and  the  piping  and  consumption  of  natural 
gas  are  faithfully  carried  out  and  that  the  penalties  of  law 
are  strictly  enforced  against  any  person  or  persons  who  violate 
the  same,11  and  promptly  report  all  violations  of  law  to  the  At- 
torney-General of  the  State.12  He  shall  collect  and  tabulate  in 
his  annual  report  to  the  State  Geologist,  which  shall  be  made 
on  the  second  Monday  in  January™  of  each  year,  and  published 
in  the  report  of  the  State  Geologist,  the  following  facts :  The 
number  of  gas  wells,  with  location ;  a  record  of  the  geological 
strata  passed  through  in  drilling  wells,  depth  at  which  salt 
water  is  reached  in  the  various  wells,  and  the  height  to  which 
it  rises ;  the  volume  of  gas  produced  by  each  well,  so  far  as  it 
can  be  ascertained,  and  also  the  initial  or  rock  pressure  of  the 
same;  the  increase  or  decrease  in  pressure  of  the  various 
wells,  so  far  as  it  can  be  ascertained,  and  also  the  increase  or 
decrease  in  volume  of  gas  produced;  the  number  of  miles  of 
mains  laid  for  the  transportation  of  gas  and  capacity  and  cost 
of  the  same ;  the  amount  of  capital  invested  Jn  the  gas  in- 
dustry and  the  number  of  persons  employed  in  the  same;  the 
cost  of  gas  as  fuel  at  the  various  points  at  which  it  is  used; 
the  amount  of  capital  invested  in  manufactories  located  on  ac- 
count of  natural  gas  and  the  number  of  the  same,  together 
with  the  amount  and  kind  of  products  and  number  of  em- 
ployees, and  such  other  facts  and  information  as  the  State 
Geologist14  may  require.  (Acts  1891,  p.  379.  Burns',  1914, 
Sec.  9056.) 

Power  of  state  to  prevent  and  sue  to  inhibit  the  waste  of  natural  gas.  Townsenu  v. 
State,  147  Ind.  624,  47  N.  E.  19  ;  State  v.  Ohio  Oil  Co.,  150  Ind.  21,  49  N.  E.  809  ;  Given 
v.  State,  160  Ind.  552,  66  N.  E.  750. 


10  Subject,  of  course,  to  the  director.     Conservation  Act,  Sec.  4. 

11  By  Sec.   4  of  the  Conservation  Act,  the  supervisor  works  under  the  supervision   of 
the  director  in  enforcing  the  penal  provisions  of  the  act. 

12  See  Conservation  Act,  Sec.  26. 

13  Nov.  15.     See  Conservation  Act,  Sec.  13. 

14  Or  the  director  of  the  Conservation  Department. 


24 

30.  Duties.     Sec.  2.    It  shall  be  the  duty  of  the  Natural 
Gas  Supervisor  to  inspect  all  natural  gas  pipe  lines  in  this 
state,  at  least  once  in  each  year,  and  as  often  as  may  be  neces- 
sary, or  whenever  he  may  be  directed  by  the  State  Geologist,1 
and  he  shall  have  the  power  to  condemn  any  pipes  or  portions 
of  lines  that  he  may  deem  unsafe  or  dangerous  to  life  or 
property.     And  any  person  or  persons  using  or  causing  to  be 
used  any  pipe  line  or  portions  thereof  after  the  same  has  been 
condemned,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  in  any  court  having  jurisdiction  of  mis- 
demeanors in  any  sum  not  exceeding  one  hundred  dollars,  and 
any  person,  or  persons,  in  this  State  owning  natural  gas  wells 
or  natural  gas  pipe  lines,  or  who  controls  the  same,  who  re- 
fuses to  allow  the  same  to  be  inspected  by  the  Natural  Gas 
Supervisor,  upon  conviction  shall  be  fined  in  any  sum  not  ex- 
ceeding fifty  dollars :     Provided,  further,  That  whenever  any 
responsible  person  shall  file  with  such  Gas  Supervisor1  an  affi- 
davit charging  the  owner  or  owners  of  such  gas  plant  or  wells, 
or  any  person  using  the  same,  or  their  employees,  with  the 
violation  of  any  of  the  laws  regulating  the  use  of  natural  gas 
and  particularly  specifying  the  violation  complained  of,  it 
shall  be  the  duty  of  such  supervisor2  to  examine  and  inquire 
into  the  alleged  violation  of  the  law  as  set  forth  in  the  affi- 
davit, and  if  he  finds  the  facts  as  charged  it  shall  be  his  duty 
to  see  that  the  law  is  complied  with.     (Acts  1891,  p.  379. 
Bulks',  1914,  Sec.  9057.) 

31.  Leakage.     Section  1.    That  it  shall  be  and  is  hereby 
made  the  duty  of  the  Natural  Gas  Supervisor  of  the  State  of 
Indiana,  upon  the  discovery  of  any  leak  in  any  pipe  line  for 
transportation  of  natural  gas,  or  in  any  machinery,  apparatus, 
appliance  or  device  used  in  the  regulation  or  distribution 
thereof,  to  forthwith  notify,  in  writing,  the  owner  or  superin- 
tendent of  said  pipe  line,  machinery,  apparatus,  appliance  or 
device,  to  have  the  same  repaired  within  two  days  from  the 
time  of  receipt  of  said  notice.     In  case  such  leak  has  not  been 
repaired  within  two  days  from  the  time  of  receiving  such 
notice  it  shall  be  the  duty  of  said  Natural  Gas  Supervisor  to 
make  such  repairs  as  may  in  his  judgment  be  necessary  to 
stop  said  leak;  and  such  Natural  Gas  Supervisor  shall  have 
a  lien  upon  said  pipe  line  and  all  wells  with  which  the  same 

1  Or  the  director  of  the  Conservation  Department. 

2  Or  the  supervisor  under  the  supervision  of  the  director. 


25 

may  be  connected,  for  the  cost  of  making  such  repairs,  for  the 
enforcement  of  which,  with  all  costs  of  suit,  and  a  reasonable 
attorney's  fee,  an  action  may  be  maintained  by  him  in  any 
court  of  competent  jurisdiction;  and  the  judgment  so  obtained 
shall  be  collectible  without  relief  from  valuation  or  appraise- 
ment laws  of  the  state.  In  case  of  any  pipe  line,  machinery, 
apparatus,  appliance  or  device,  owned  by  a  corporation,  part- 
nership, or  by  a  non-resident  of  or  absentee  from  the  State 
of  Indiana,  the  notice  herein  provided  may  be  served  upon 
any  person, in  charge  of  such  pipe  line.  (Acts  1899,  p.  83. 
Burns',  1914,  Sec.  9058.) 

Liability  of  companies  for  injuries  caused  by  leakage  of  gas.  Mississinewa  Co.  v.  Pat- 
ton,  129  Ind.  472,  28  N.  E.  1113  ;  Lebanon  Co.  v.  Leap,  139  Ind.  443,  39  N.  E.  57  ;  Leb- 
anon Co.  v.  Griffin,  139  Ind.  476,  39  N.  E.  62  ;  McGahan  v.  Indianapolis  Co.,  140  Ind.  335, 
37  N.  E.  601  ;  Consumers'  Co.  v.  Perrego,  144  Ind.  350,  43  N.  E.  306  ;  Richmond  Co.  v. 
Baker,  146  Ind.  600,  45  N.  E.  1049  ;  Consumers'  Co.  v.  Corbaley,  14  App.  549,  43  N.  E. 
237  ;  Metzger  v.  Schultz,  16.  App.  454,  43  N.  E.  886,  45  N.  E.  619 ;  Logansport  Co.  v. 
Coate,  29  App.  299,  64  N.  E.  638. 

32.  Pipes  for  Carrying,  Pressure.  Section  1.  That  any 
person  or  persons,  firm,  company  or  corporation,  engaged  in 
drilling  for,  piping,  transporting,  using  or  selling  natural  gas, 
may  transport  or  conduct  the  same  through  sound  wrought  or 
castiron  casings  and  pipes  tested  to  at  least  four  hundred 
pounds  pressure  to  the  square  inch :  Provided,  Such  gas  shall 
not  be  transported  through  pipes  at  a  pressure  exceeding  three 
hundred  pounds  per  square  inch:  Provided,  That  the  pro- 
visions of 'this  act  shall  not  affect  the  costs  in  any  pending 
litigation.  (Acts  1891,  p.  89,  as  amended,  by  Acts  1903,  p. 
110.  Burns',  1914,  Sec.  9060.) 

The  legislature  has  power  to  regulate  the  manner  of  transporting  natural  gas  as  pro- 
vided in  this  act.  Jamieson  v.  Indiana  Co.,  128  Ind.  555,  28  N.  E.  76. 

Presumptions  as  to  compliance  with"  law  in  transporting  gas.  Indiana  Co.  v.  Jones, 
14  App.  55,  42  N.  E.  487. 

Persons  who  do  not  suffer  a  special  injury  by  the  transportation  of  gas  through  pipes 
at  a  higher  pressure  than  is  permitted  by  statute  can  not  enjoin  such  transportation. 
Manufacturers'  Gas  Co.  v.  Indiana  Gas  Co.,  155  Ind.  566,  58  N.  E.  851,  156  Ind.  679,  69 
N.  E.  169,  60  N\  E.  1080  ;  Chicago  Ry.  Co.  v.  Indiana  Gas  Co.,  161  Ind.  445,  68  N.  E. 
1008. 

The  legislature  can  not  prohibit  natural  gas  from  being  taken  out  of  the  state.  State 
v.  Indiana  Co.,  120  Ind.  575,  22  N.  E.  778  ;  Manufacturers'  Co.  v.  Indiana  Co.,  155  Ind. 
545,  58  N.  E.  706. 

Pumping  gas  through  pipes  is  not  prohibited  unless  the  use  of  such  pumps  increases 
the  flow  of  gas  from  the  wells.  Richmond  Gas  Co.  v.  Enterprise  Gas  Co.,  31  App.  222, 
66  N.  E.  782  ;  Consumers'  Gas  Co.  v.  American  Glass  Co.,  162  Ind.  393,  68  N.  E.  1020. 

Negligence  in  transporting  gas,  liability  of  companies  for  damages.  Lebanon  Co.  v. 
Leap,  139  Ind.  443,  39  N.  E.  57  ;  Lebanon  Co.  v.  Griffin,  139  Ind.  476,  39  N.  E.  62 ; 
Consumers'  Co.  v.  Perrego,  144  Ind.  350,  43  N.  E.  306  ;  Alexandria  Co.  v.  Irish,  16  App. 
534,  44  N.  E.  680. 

Unusual  pressure  of  gas,  liability  of  company  for  damages  caused.  Indiana  Gas  Co. 
v.  Long,  27  App.  219,  59  N.  E.  410. 

Note.     Section  2  of  the  Act  of  1891,  P.  89,  was  repealed  by  the  Act  of  1908,  p.  110. 


26 

33.  Penalty.     Sec.  3.     Any  person  or  persons,  firm,  com- 
pany or  corporation  violating  any  of  the  provisions  of  this  act 
shall  be  fined  in  any  sum  not  less  than  one  thousand  dollars 
($1,000)   or  more  than  ten  thousand  dollars   ($10,000),  and 
may  be  enjoined  from  conveying  and  transporting  natural  gas 
through  pipes  otherwise  than  in  this  act  provided :    Provided, 
That  nothing  in  this  section  shall  operate  to  prevent  the  use 
of  nitroglycerine  or  other  explosives  for  shooting  any  well  or 
wells  from  which  the  gas  is  procured.     (Acts  1891,  p.  89. 

Burns',  1914,  Sec.  9061.) 

« 

34.  Gas  Confined  in  Pipes.    Section  1.    That  it  shall  be  un- 
lawful for  any  person,  firm  or  corporation  having  possession 
or  control  of  any  natural  gas  or  oil  well,  whether  as  a  con- 
tractor, owner,  lessee,  agent  or  manager,  to  allow  or  permit 
the  flow  of  gas  or  oil  from  any  such  well  to  escape  into  the 
open  air,  without  being  confined  within  such  well  or  proper 
pipes,  or  other  safe  receptacle  for  a  longer  period  than  two 
(2)  days  next  after  gas  or  oil  shall  have  been  struck  in  such 
well.     And  thereafter  all  such  gas  or  oil  shall  be  safely  and 
securely  confined  in  such  well  pipes  or  other  safe  and  proper 
receptacles.     Any  person,  firm  or  corporation  violating  any  of 
the  provisions  of  this  section  shall  be  fined  in  any  sum  not 
less  than  fifty  dollars,  nor  more  than  two  hundred  dollars,  and 
for  any  second  or  subsequent  violation  of  this  section  he  shall 
be  fined  in  any  sum  not  less  than  two  hundred  dollars  ($200) 
nor  more  than  five  hundred  dollars.     (Acts  1893,  p.  300,  as 
amended  Acts  1913,  p.  66.     Burns',  1914,  Sec.  9062.) 

This  statute  is  a  proper  exercise  of  legislative  power.  Given  v.  State,  160  Ind.  552, 
66  N.  E.  750. 

Waste  of  gas,  power  of  state  to  prevent.  Townsend  v.  State,  147  Ind.  624,  47  N.  E. 
19  ;  State  v.  Ohio  Oil  Co.,  150  Ind.  21,  49  N.  E.  809. 

Persons  who  fail  to  comply  with  the  statute  requiring  natural  gas  to  be  confined  in 
wells,  and  who  permit  the  gas  to  escape  into  the  open  air,  are  liable  for  the  penalty  pre- 
scribed by  the  statute.  Given  v.  State,  160  Ind.  552,  66  N.  E.  750. 

Persons  who  negligently  permit  natural  gas  or  oil  to  flow  from  pipes  may  be  liable 
for  all  damages  that  result  to  the  property  of  other  persons  by  such  gas  or  oil  being  set 
on  fire.  Rock  Oil  Co.  v.  Brumbaugh,  59  App.  640,  108  N.  E.  260. 

The  statute  requiring  the  confining  of  natural  gas  in  pipes,  wells  or  other  receptacles, 
creates  two  offenses,  and,  if  a  person  is  charged  with  one  of  such  offenses,  and  the  evi- 
dence shows  him  to  be  guilty  of  the  other  offense,  he  can  not  be  convicted.  Bailey  v. 
State,  163  Ind.  165,  71  N.  E.  655. 

Note.  Sections  2  and  3  of  the  Act  of  1893,.  p.  300,  were  repealed  by  the  Act  of  1903, 
p.  212. 

35.  Civil  Liability.     Sec.  4.    Whenever  any  person  or  cor- 
poration in  possession  or  control  of  any  well  in  which  natural 
gas  or  oil  has  been  found  shall  fail  to  comply  with  the  provi- 


27 

sions  of  this  act,  any  person  or  corporation  lawfully  in  posses- 
sion of  lands  situate  adjacent  to  or  in  the  vicinity  or  neighbor- 
hood of  such  well  may  enter  upon  the  lands  upon  which  such 
well  is  situate  and  take  possession  of  such  well  from  which 
gas  or  oil  is  allowed  to  escape  in  violation  of  the  provisions  of 
section  one  of  this  act,  and  pack  and  tube  such  well  and  shut 
in  and  secure  the  flow  of  gas  or  oil,  and  maintain  a  civil  ac- 
tion in  any  court  of  competent  jurisdiction  in  this  state 
against  the  owner,  lessee,  agent  or  manager  of  said  well,  and 
each  of  them  jointly  and  severally  to  recover  the  cost  and 
expense  of  such  tubing  and  packing,  together  with  attorney's 
fees  and  costs  of  suit.  This  shall  be  in  addition  to  the  pen- 
alties provided  by  section  three  of  this  act.1  (Acts  1893, 
p.  301.  Burns',  1914,  Sec.  9063.) 

36.  Recovery  of  Expense  of  Plugging.     Sec.  5.     When- 
ever any  person  or  corporation  shall  abandon  or  cease  to  oper- 
ate any  natural  gas  or  oil  well,  and  shall  fail  to  comply  with 
the  provisions  of  section  two1  of  this  act,  any  person  or  cor- 
poration lawfully  in  possession  of  lands  adjacent  to  or  in  the 
vicinity  or  neighborhood  of  such  well  may  enter  upon  the 
lands  upon  which  such  well  is  situated  and  take  possession  of 
such  well,  and  plug  and  fill  the  same  in  the  manner  provided 
by  section  two  of  this  act,2  and  may  maintain  a  civil  action 
in  any  court  of  competent  jurisdiction  of  this  state  against 
the  person,  persons  or  corporations  so  failing,  jointly  and 
severally,  to  recover  the  costs  and  expense  of  such  plugging 
and  filling,  together  with  attorney's  fees  and  costs  of  suit. 
This  shall  be  in  addition  to  the  penalties  provided  by  section 
three  of  this  act.3     (Acts  1893,  p.  301.     Burns',  1914,  Sec. 
9064.) 

37.  Plugging  Abandoned  Wells.     Section  1.     That  before 
the  casing  shall  be  drawn  from  any  well  drilled  into  gas  or 
oil-bearing  rock  for  the  purpose  of  abandoning  the  same,  it 
shall  be  the  duty  of  any  person,  firm  or  corporation  having 
the  custody  of  such  well,  or  having  charge  of  removing  the 
casing  therefrom  for  the  purpose  of  abandoning  the  same, 

1  Section  3  was  repealed  by  the  Act  of  1903,  p.  212  ;  and  the  Act  of  1903  was  super- 
seded by  the  Act  of  1909,  p.  234,  Sections  37-43,  below. 

2  Section  2  was  repealed  by  the  Act  of  1903,  p.  212  ;  and  the  Act  of  1903  was  super- 
seded by  the  Act  of  1909,  p.  234,  Sections  37-43,  below. 

3  Section  3  was  repealed  by  the  Act  of  1903,  p.  212  ;  and  the-  Act  of  1903  was  super- 
seded by  the  Act  of  1909,  p.  234,  Sections  37-43,  below. 


28 

at  the  time  of  such  abandonment,  to  properly  and  securely 
stop  and  plug  each  of  said  wells  so  abandoned  in  the  following 
manner :  Such  hole  shall  first  be  solidly  filled  from  the  bottom 
thereof  to  a  point  at  least  twenty-five  (25)  feet  above  such 
gas  or  oil-bearing  rock  with  sand,  gravel  or  pulverized  rock, 
on  the  top  of  which  filling  shall  be  seated  a  dry  pine  wood  plug 
not  less  than  two  (2)  feet  long  and  having  a  diameter  of  one- 
fourth  of  an  inch  less  than  the  inside  diameter  of  the  casing 
in  such  well ;  above  such  wooden  plug  such  well  shall  be  solidly 
filled  for  at  least  twenty-five  (25)  feet  with  the  above  men- 
tioned filling  material,  immediately  above  this  shall  be  seated 
another  wooden  plug  of  the  same  kind  and  size  as  above  pro- 
vided, and  such  well  shall  again  be  solidly  filled  for  at  least 
twenty-five  (25)  feet  above  said  second  plug  with  such  filling 
material.  After  the  casing  has  been  drawn  from  such  well 
there  shall  immediately  be  seated  at  the  point  in  said  well 
where  such  casing  was  seated  a  cast-iron  ball,  the  diameter  of 
which  ball  shall  be  greater  than  that  of  the  hole  below  the 
point  where  such  casing  was  seated,  and  above  such  ball  such 
well  shall  again  be  solidly  filled  with  the  above  mentioned  fill- 
ing material  for  a  distance  of  fifty  (50)  feet.  Any  person, 
firm  or  corporation  owning  or  having  charge  or  supervision  of 
any  well  which  has  been  drilled  into  gas  or  oil-bearing  rock, 
or  having  charge  or  control  of  removing  the  drive  pipe  or 
casing  from  any  such  well,  and  from  which  the  drive  pipe 
and  casing  or  the  drive  pipe  alone  has  been  or  shall  be  pulled, 
leaving  therein  the  tubing,  casing,  or  both,  shall  give  notice 
to  the  Natural  Gas  Supervisor,  and  under  the  supervision  and 
direction  of  said  supervisor,  or  one  of  his  assistants,  shall 
plug  such  tubing,  where  such  tubing  only  remains  in  such 
well,  and  shall  fill  from  the  bottom  up  not  less  than  three  hun- 
dred (300)  feet  with  cement  and  clean  sand,  one  part  Port- 
land cement  to  four  parts  of  sand,  and  where  the  casing  and 
tubing  remains  in  any  such  well,  such  well  shall  be  filled  on  the 
packer  with  not  less  than  fifty  (50)  feet  of  Portland  cement 
and  sand,  and  if  there  be  no  such  packer,  with  not  less  than 
one  hundred  (100)  feet  of  Portland  cement  and  sand  in  the 
proportions  hereinbefore  indicated,  and  in  all  cases  where  the 
drive  pipe  and  casing  or  either  the  drive  pipe  or  casing  are 
removed  from  any  such  well  and  the  tubing  is  left  therein  said 
tubing  shall  be  plugged  as  herein  provided,  and  if  any  part  of 
the  tubing,  drilling  stem  or  other  substance  prevent  the  plug- 


29 

ging  of  any  such  well  or  wells  as  hereinbefore  provided,  such 
well  or  wells  shall  be  filled  to  a  point  within  twenty-five  (25) 
feet  of  the  top  part  of  said  tubing,  drill-stem  or  substance 
with  sand,  gravel  or  crushed  stone,  and  shall  thereupon  be 
filled  to  a  point  twenty-five  (25)  feet  above  such  part  of  tub- 
ing, drill-stem  or  substance  with  Portland  cement  and  sand,  all 
proportioned  as  above  provided.  (Acts  1909,  p.  234.  Burns', 
1914,  Sec.  9065.) 

38.  Notice  to  Supervisor,  Fee.     Sec.  2.    Any  person,  firm 
or  corporation,  before  proceeding  to  plug  any  such  well  so 
drilled  into  any  gas  or  oil-bearing  rock,  or  to  pull  the  casing 
or  drive  pipe  therefrom,  shall  notify  the  state  Natural  Gas 
Supervisory  or  one  of  his  authorized  assistants,  of  such  in- 
tention, and  the  time  and  place  where  such  plugging  is  to  be 
done,  and  it  shall  be  the  duty  of  said  Natural  Gas  Supervisor 
or  his  duly  authorized  assistants  to  be  present  in  person  all 
the  time  while  such  plugging  is  being  done,  and  the  same  shall 
be  done  under  his  instructions  and  supervision  and  such  per- 
son, firm  or  corporation  so  plugging  such  well  shall  file,  or 
cause  to  be  filed,  in  the  office  of  the  recorder  of  the  county  in 
which  any  such  well  is  located,  within  fifteen  days  after  the 
same  has  been  plugged,  as  provided  in  section  one  (1)  hereof, 
a  written  statement  of  such  state  Natural  Gas  Supervisor, 
or  his  duly  appointed  assistant,  showing  that  such  well  was 
duly  plugged  under  his  personal  supervision  and  instruction 
and  in  the  manner  herein  prescribed  and  required,  which 
statement  shall  be  recorded  in  the  miscellaneous  records  in  the 
office  of  such  recorder.     And  for  supervising  and  superin- 
tending the  plugging  of  any  such  well  said  person,  firm  or 
corporation  plugging  such  well  or  having  the  same  done,  shall 
pay  in  advance  of  doing  any  such  work  or  plugging  a  fee  of 
five  dollars  ($5.00)  to  the  state  Natural  Gas  Inspector  or  his 
assistant,  to  be  by  them  turned  into  the  state  treasury.     (Acts 
1909,  p.  235.     Burns',  1914,  Sec.  9066.) 

39.  Assistants  to  Supervisor,  Compensation.     Sec.  3.  For 
the  purpose  of  enforcing  the  provisions  of  this  act  and  super- 
vising the  plugging  of  said  wells  the  state  Natural  Gas  In- 
spector shall  appoint  such  assistants  as  he  may  deem  neces- 
sary, who  shall  receive  for  their  services  for  such  supervi- 
sion in  the  plugging  of  each  well  the  sum  of  five  dollars 
($5.00),  to  be  paid  by  the  Treasurer  of  State  each  month, 


30 

upon  a  warrant  drawn  by  the  Auditor  of  State,  upon  a  veri- 
fied statement  made  by  said  assistants  showing  the  wells 
plugged  by  him  during  such  month,  their  location,  the  date 
when  plugged  and  by  whom  the  fee  has  been  paid,  and  file 
the  same  with  the  Auditor  of  State.  Such  verified  statement 
shall,  before  any  warrant  is  drawn  thereon  or  therefor,  be  ap- 
proved by  the  state  Natural  Gas  Supervisor,  and  in  no  event 
shall  any  such  assistant  be  paid  any  such  fee  until  the  same 
shall  have  been  paid  into  the  treasury  of  state  as  herein  pro- 
vided. (Acts  1909,  p.  236.  Burns',  1914,  Sec.  9067.) 

40.  Salt  Water  or  Oil,  Control.     Sec.  4.    It  shall  be  the 
duty  of  every  person,  firm  or  corporation  who  sinks  or  main- 
tains a  well  to  the  depth  of  the  oil  or  salt-bearing  strata  to 
prevent  the  salt  water  or  oil  of  such  well  from  flowing  into 
fresh  water  strata  of  that  or  any  other  well.     (Acts  1909, 
p.  237.     Burns',  1914,  Sec.  9068.) 

41.  Fresh  Water,  Casing  Off.     Sec.  5.     It  shall  be  the 
duty  of  any  person,  firm  or  corporation  sinking  a  well  into 
any  gas  or  oil-bearing  rock,  or  maintaining  the  same  after  it 
has  been  sunk,  to  case  off  and  keep  cased  off  all  fresh  water 
from  such  well  until  such  well  has  been  plugged  as  herein 
provided.     (Acts  1909,  p.  237.     Burns',  1914,  Sec.  9069.) 

42.  Right  of  Entry  and  Police  Powers.     Sec.  6.    For  the 
purpose  of  enforcing  the  provisions  of  this  act  the  state  Nat- 
ural Gas  Supervisor  is  hereby  authorized  and  empowered  to 
enter  upon  any  land  at  any  time  for  the  purpose  of  examining 
or  testing  any  such  well  or  wells  for  the  purpose  of  plugging 
the  same,  and  said  Supervisor  and  his  assistants  are  hereby 
given  police  power  to  arrest  persons  found  violating  any  of 
the  provisions  of  this  act.     (Acts  1909,  p.  237.    Burns',  1914, 
Sec.  9070.) 

43.  Penalty.     Sec.  7.     Any  person,  firm  or  corporation 
violating  any  of  the  provisions  of  this  act  shall,  on  conviction, 
be  fined  in  any  sum  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars,  to  which  may  be  added  im- 
prisonment in  the  county  jail  not  to  exceed  six  months.    (Acts 
1909,  p.  237.     Burns',  1914,  Sec.  9070a.) 


PART  III 
STATE  ENTOMOLOGIST 


44.  Duties,  San  Jose  Scale,  Report.    Sec.  2.    The  State 
Entomologist  shall  devote  his  entire  time  to  the  discharge  of 
the  duties  of  his  office.     He  shall  co-operate  with  any  local 
horticultural  society  or  individual  in  the  state  in  any  efforts 
to  locate,  check  or  eradicate  the  San  Jose  scale  or  any  insect 
pest  injurious  to  orchard  or  field  crops,  or  to  shade  and  orna- 
mental trees.     He  shall  also  assist  in  identifying  and  combat- 
ing fungus  or  other  destructive  diseases  to  plant  life.1    In  the 
discharge  of  his  duties  he  shall  go  to  any  part  of  the  state 
where  his  services  are  requested  and  his  duties  will  permit. 
He  shall,  immediately  upon  taking  his  office,  prepare  and  cause 
to  be  published  and  from  time  to  time  thereafter  in  pamphlet 
form,  all  available  information  relating  to  San  Jose  scale  and 
other  injurious  plant  diseases,  with  the  methods  of  detecting 
the  same  and  the  modes  of  treatment.    He  shall  send  a  copy 
of,  such  pamphlet  to  each  township  trustee,  city  clerk,  public 
school  teacher,  and  any  other  citizen  of  the  state  applying  for 
the  same  for  the  purpose  of  informing  the  people  of  the  his- 
tory, habits  and  methods  of  eradicating  injurious  insects  and 
plant  diseases.     He  shall  make  an  annual  report  to  the  Gov- 
ernor of  the  work  done  by  his  office  and  with  other  matters 
contained  in  that  report  shall  be  a  list  of  all  townships  in  the 
state  where  the  San  Jose  scale  is  known  to  exist.2     (Acts 
1907,  p.  291.     Burns',  1914,  Sec.  7824.) 

45.  Nursery  Inspection.     Sec.  3.  The  State  Entomologist 
shall  inspect  all  nurseries  in  Indiana,  where  trees,  shrubs, 
vines,  plants  or  other  nursery  stock  are  grown  and  offered 
for  sale,3  at  least  once  each  year,  not  earlier  than  June  first 
nor  later  than  October  first,  at  such  time  as  he  may  elect,  and 
he  shall  notify  in  writing  the  owners  of  such  nurseries,  the 
Secretary  of  State  Board  of  Agriculture,  the  Director  of  the 
State  Experiment  Station,  and  the  President  of  the  State 

1  See  Conservation  Act,  Sec.  8  ;  and  Sec.  16,  Sub-Sec.  2,  3  and  4. 

2  Repealed  by  Conservation  Act,  Sec.  7,  8,  10,  11  and  13;  and  Sec.  16,  Sub-Sec.  14. 
°  Superseded  by  Conservation  Act,  Sec.  16,  Sub-Sec.  2. 

(31) 


32 

Horticultural  Society  of  the  presence  of  any  San  Jose  scale 
or  other  injurious  insects  or  fungi  on  trees,  shrubs,  vines, 
plants  or  other  stock  of  such  nurseries,  and  shall  notify  in 
writing  the  owner  of  any  affected  stock  that  he  is  required  OP 
or  before  a  certain  day  to  take  such  measures  for  the  de- 
struction of  such  insect  or  fungus  enemies  of  nursery  stock  as 
have  been  shown  to  be  effectual  for  this  purpose.1  The  said 
State  Entomologist  is  hereby  empowered  with  the  authority 
to  enter  upon  any  premises  and  examine  all  trees,  plants, 
shrubs,  vines  and  fruits  whatsoever  in  the  discharge  of  his 
duties  prescribed  by  law.  (Acts  1907,  p.  291.  Burns',  1914, 
Sec.  7825.) 

46.  Nurserymen,  Duties,  Penalty.     Sec.  5.    The  owner  of 
any  affected  nursery  stock  shall  within  the  times  specified 
take  such  steps  for  the  destruction  of  the  San  Jose  scale  or 
other  destructively  injurious  insects  and  fungus  enemies  pres- 
ent as  will  exterminate  the  same,  and  it  shall  be  a  misde- 
meanor to  ship  or  deliver  any  such  stock,  punishable  by  a  fine 
of  twenty-five  dollars  for  every  such  offense,  the  fine  recover- 
able before  a  justice  of  the  peace,  or  by  indictment  of  the 
grand  jury  of  the  county  in  which  the  nursery  is  situated, 
or  of  that  to  which  the  stock  may  have  been  shipped.     (Acts 
1907,  p.  291.     Burns',  1914,  Sec.  7827.) 

47.  State  Entomologist,  Trees  and  Shrubs,  Certificate  of 
Examination.     Sec.    6.     Whenever   a   nurseryman,    seller  of 
trees,  shrubs,  vines,  plants,  or  other  nursery  stock,  or  any 
other  person  who  is  a  resident  of  this  state  shall  ship  or  de- 
liver any  such  goods,  he  shall  attach  to  each  package  so 
shipped,  or  delivered,  a  written,  or  printed  certificate  stating 
that  such  stock  has  been  examined  by  the  State  Entomologist 
and  found  to  be  to  the  best  of  his  knowledge  and  belief  to 
be  free  from  San  Jose  scale  or  other  injurious  or  destructive 
insects  or  fungus  enemies.       Said  certificate   shall  become 
invalid  on  the  first  day  of  June  following  the  date  of  its  issue. 
Failure  to  attach  to  each  package  of  nursery  stock  so  shipped 
or  delivered,  such  certificate,  or  to  furnish  a  false  certificate, 
or  the  use  of  an  invalid  certificate,  shall  be  deemed  a  misde- 
meanor and  any  person  upon  conviction  thereof  shall  be  fined 
as  is  provided  in  section  9  of  this  act.     Persons  desiring  to 
sell  or  ship  nursery  stock  shall  make  application  in  writing 
before  July  1st  of  each  year  to  the  State  Entomologist  for  an 


33 

inspection  of  their  stock.  Persons  failing  to  comply  with  this 
provision  shall  be  liable  for  extra  charges  to  cover  the  travel- 
ing expenses  of  the  inspector.  Every  person  receiving  di- 
rectly or  indirectly  any  nursery  stock  from  foreign  countries 
shall  notify  the  State  Entomologist  of  the  arrival  of  such  ship- 
ment and  the  contents  thereof,  name  of  the  consignor,  and 
shall  hold  such  shipment  unopened  until  duly  inspected  or  re- 
leased by  the  State  Entomologist.  In  case  any  infested  or  in- 
fected stock  is  discovered,  the  shipment  shall  be  subject  to 
destruction  or  treatment  according  to  the  directions  of  the 
State  Entomologist.  (Acts  1907,  p.  291,  as  amended  by  Acts 
1915,  p.  200.  Burns',  1918  S.,  Sec.  7828.) 

48.  Dealers'   License.     Sec.   2.     All   dealers   within   the 
meaning  of  this  act  located  either  within  or  without  the  state, 
engaged  in  selling  or  soliciting  orders  for  nursery  stock  in  this 
state,  shall  secure  a  dealer's  license  by  furnishing  a  sworn  affi- 
davit that  he  will  buy  and  sell  only  stock  that  has  been  duly 
inspected  and  certified  by  an  official  inspector  and  that  he  will 
maintain  with  the  State  Entomologist  a  list  of  all  sources  from 
which  he  secures  his  stock.     The  term  "dealer"  shall  be  con- 
strued to  apply  to  any  person,  whether  he  be  a  grower  of  nur- 
sery stock  or  not,  who  buys  nursery  stock  for  the  purpose  of 
reselling  or  reshipping.     (Acts  1915,  p.  202.    Burns',  1918  S., 
Sec.  7828a.) 

49.  Agents'    License.     Sec.    3.      All    agents    within    the 
meaning  of  this  act  selling  nursery  stock  for  any  nurseryman 
or  dealer  located  within  the  state  or  outside  the  state  shall  be 
required  to  secure  and  carry  an  agent's  license  bearing  a  copy 
of  the  certificate  held  by  the  principal.     Said  agent's  license 
shall  be  issued  only  by  the  State  Entomologist  and  to  agents 
authorized  by  their  principal  or  upon  the  request  of  the  prin- 
cipal.    The  term '"agent"  shall  be  construed  and  'applied  i*> 
any  person  selling  nursery  stock  under  the  partial  or  full  con- 
trol of  a  nurseryman  or  of  a  dealer  or  other  agents.    This 
term  shall  also  apply  to  any  persons  engaged  with  a  nursery- 
man, dealer  or  agent,  in  handling  nursery  stock  on  a  co-oper- 
ative basis.     (Acts  1915,  p.  202.     Burns',  1918  S.,  Sec.  7828b.) 

50.  Licenses  to  Firms  Outside  the  State.     Sec.  4.    Nur- 
serymen, dealers,  agents,  or  other  persons  whose  place  of 
business  is  outside  the  state,  desiring  to  sell  or  solicit  orders 
for  nursery  stock. in  this  state,  may  upon  the  filing  of  a  certi- 

3—16367 


34 

fied  copy  of  his  original  state  certificate  with  the  State  Ento- 
mologist of  this  state  obtain  a  license  permitting  such  persons 
to  sell  or  solicit  for  nursery  stock  in  this  state.  (Acts  1915, 
p.  202.  Burns',  1918  S.,  Sec.  7828c.) 

51.  Misrepresentation  of  Stock.     Sec.  5.     It  shall  be  un- 
lawful for  any  persons  to  wilfully  misrepresent  to  any  other 
person  the  grade,  character,  variety  or  quality  of  stock  in  a 
nursery  or  of  stock  offered  for  sale  by  any  nurseryman,  dealer 
or  agent,  or  to  cause  any  concealment  of  stock  from  inspec- 
tion, or  to  withhold  any  information  requested  by  the  State 
Entomologist  for  the  purpose  of  preventing  the  proper  en- 
forcement of  this  act.     Each  person  selling  or  soliciting  orders 
for  nursery  stock  in  this  state,  shall,  if  requested,  furnish  the 
State  Entomologist  with  copies  of  his  order  forms,  contracts 
and  agreements  with  his  customers,  which  are  furnished  for 
the  use  of  agents  or  customers  or  both.     (Acts  1915,  p.  203. 
Burns',  1918  S.,  Sec.  7828d.) 

52.  Certificate  Revoked.     Sec.  6.    The  State  Entomologist 
shall  at  any  time  have  the  power  to  revoke  any  certificates  or 
licenses  for  sufficient  cause,  including  any  violation  of  section 
5  of  this  act,  or  non-conformity  with  any  rule  or  regulation 
promulgated  under  this   act.     (Acts   1915,  p.   203.     Burns', 
1918  S.,  Sec.  7828e.) 

53.  License  Fee.     Sec.  7.     A  fee  of  $1.00  shall  be  col- 
lected by  the  State  Entomologist  for  each  dealer's  and  agent's 
license  issued  either  to  parties  or  firms  within  the  state  or  out- 
side the  state,  said  fees  to  be  deposited  monthly  with  the 
State  Treasurer  and  become  a  fund  to  aid  in  defraying  the  ex- 
penses incidental  to  regulating  dealers  and  agents  and  inspect- 
ing nursery  stock  received  by  them,  prior  to  or  subsequent 
to  its  delivery.1    (Acts  1915,  p.  203.     Burns',  1918  S.,  Sec. 
7828f.) 

54.  Entomologist,  Filing  of  Certificates.     Sec.  7.     When 
the  State  Entomologist  examines  any  trees,   shrubs,  vines, 
plants,  or  other  nursery  stock  in  this  state,  under  the  supervi- 
sion of  this  act,  and  finds  such  nursery  stock  free  from  San 
Jose  scale  or  other  destructively  injurious  insects  and  fungus 
enemies,  he  is  hereby  authorized  and  directed  to  make  out 
and  deliver  in  writing,  to  the  owner  of  such  stock  a  certificate 
stating  that  he  has  inspected  such  stock  and  found  the  same 

1  See  Conservation  Act,  Sec.  16,  Sub-Sec.  11. 


35 

free  from  San  Jose  scale  and  other  destructively  injurious  in- 
sects and  fungus  enemies,  and  he  shall  file  similar  certificates 
with  the  secretary  of  the  State  Board  of  Agriculture,  the 
President  of  the  State  Horticultural  Society,  and  the  director 
of  the  State  Agricultural  Experiment  Station,  which  certif- 
icates shall  at  all  times  be  subject  to  public  inspection.  (Acts 
1907,  p.  293.  Burns',  1914,  Sec.  7829.) 

55.  Shipments  Into  State,  Certificates.     Sec.   8.     Every 
package  of  trees,  shrubs,  vines,  plants  or  other  nursery  stock 
shipped  into  the  state  from  another  state  or  shipped  within 
the  state  from  one  point  to  another  shall  be  labeled  on  the 
outside  with  the  name  of  the  consignor,  the  name  of  the  con- 
signee, and  a  certificate  signed  by  a  state  or  government  in- 
spector, showing  that  the  contents  have  been  examined  by 
him  and  that  to  the.  best  of  his  knowledge  and  belief  such 
stock  is  free  from  San  Jose  scale,  or  other  destructive  insects 
or  fungus  enemies.     (Acts  1907,  p.  291,  as  amended  Acts 
1909,  p.  189.     Burns',  1914,  Sec.  7830.) 

56.  Shipments  Without   Certificates,   Penalties.     Sec.   9. 
Whenever  any  trees,  shrubs,  vines,  plants  or  other  nursery 
stock  are  shipped  into  or  within  the  state  without  such  certif- 
icate plainly  fixed  on  the  outside  of  the  package,  box  or  car 
containing  the  same,  the  fact  must  be  reported  within  twen- 
ty-four hours  to  the  State  Entomologist,  by  the  agent  of  the 
railway,  express  or  steamboat  company  or  other  person  or 
persons  carrying  or  receiving  the  same.     And  any  agent  of 
any  railway,  express  or  steamboat  company,  or  other  person 
or  persons  who  shall  violate  the  provisions  of  this  section, 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  less  than  twenty-five  dol- 
lars  ($25.00)   nor  more  than  one  hundred  dollars   ($100.00) 
and  costs,  or  imprisonment  in  the  county  jail  not  less  than 
five  (5)  nor  more  than  thirty  (30)  days,  or  may  be  so  fined 
and  imprisoned  in  the  discretion  of  the  court,  and  any  such 
fines  within  the  provisions  of  this  act  shall  be  paid  over  to  the 
state  treasury.     On  notification  of  the  receipt  of  such  uncerti- 
fied package  or  packages  of  trees,  shrubs,  vines  or  plants,  the 
State  Entomologist  shall  examine  or  cause  to  be  examined  said 
package  or  packages,  at  the  expense  of  the  express,  railroad, 
or  steamship  companies  or  other  person  or  persons  carrying 
the  same,  and  if  found  to  be  free  from  injurious  insects  and 


36 

plant  diseases  he  may  allow  them  to  pass  to  their  destination, 
otherwise  he  shall  cause  the  same  to  be  burned  and  destroyed. 
But  in  no  case  shall  the  agent  of  the  railroad  or  other  trans- 
portation company  allow  said  package  or  packages  to  pass  out 
of  his  possession  under  penalty  until  the  same  has  been  duly 
inspected  by  the  State  Entomologist  or  his  deputies.  (Acts 
1907,  p.  294,  as  amended  by  Acts  1909,  p.  189.  Burns',  1914, 
Sec.  7831.) 

57.  State  Inspector  of  Apiaries.     Sec.  4.    The  State  En- 
tomologist shall  be  and  is  hereby  constituted  State  Inspector 
of  Apiaries1  and  as  such  inspector  it  shall  be  his  duty  to  aid 
and  assist  in  the  development  and  protection  of  the  bee  and 
honey  industry  in  this  state,  and  to  adopt  and  carry  out 
proper  measures  for  the  prevention  and  suppression  of  con- 
tagious and  infectious  diseases  among  bees.     (Acts  1909,  p. 
191.     Burns',  1914,  Sec.  7832a.) 

58.  Powers  as  to  Apiaries.     Sec.  5.    The  State  Entomolo- 
gist shall  have  full  power  and  authority  at  his  discretion  to 
visit  and  examine  any  apiaries  for  the  purpose  of  discovering 
whether  or  not  any  disease  may  exist  among  bees  in  any  part 
of  the  state.1    When  notified  of  the  existence  or  the  probable 
existence  of  foul  brood  or  other  contagious  or  infectious  dis- 
eases among  bees  in  any  apiary  in  the  state  he  shall  visit 
and  examine  said  apiary  so  reported,  and  all  other  apiaries 
in  the  same  neighborhood  that  he  may  be  informed  about  by 
diligent  inquiry  or  otherwise,  for  the  purpose  of  determining 
whether  such  disease  exists  or  not.     Whenever  he  shall  be 
satisfied  of  the  existence  of  foul  brood  or  other  diseases  in 
their  malignant  form  in  any  apiary  it  shall  be  his  duty  to 
order  all  colonies  so  affected,  together  with  all  hives  occupied 
by  them,  and  the  contents  of  those  hives  and  all  tainted  appur- 
tenances that  cannot  be  disinfected  and  that  might  cause  the 
further  spread  of  the  disease  to  be  immediately  destroyed  by 
fire  under  his  personal  supervision  and  care,  but  where  said 
entomologist,  who  shall  be  the  sole  judge  thereof,  shall  be 
satisfied  that  the  disease  exists  in  incipient  stages,  and  is 
being  or  may  be  treated  successfully,  and  he  shall  have  rea- 
son to  believe  that  it  may  be  entirely  cured,  then  he  may  in 
his  discretion  omit  to  destroy  or  order  the  destruction  of  the 

1  Abolished  by  Conservation  Act,  Sec.  16,  Sub-Sec.  7. 
1  Repealed  by  Conservation  Act,  Sec.  16,  Sub-Sec.  7. 


37 

colonies  or  hives  in  which  the  disease  exists.  Whenever  the 
disease  shall  be  found  to  exist  and  the  treatment  for  the  same 
shall  be  ordered  by  the  State  Entomologist,  he  shall  give  to 
the  owner  or  to  the  person  in  charge  of  the  apiary  instruc- 
tions as  to  the  manner  of  treatment  of  such  apiary,  and  to 
see  that  such  treatment  be  carried  out,  and  should  the  said 
owner  or  person  in  charge  of  said  apiary  refuse  or  fail  to 
carry  out  the  said  instructions  to  the  complete  eradication  of 
the  disease  or  the  satisfaction  of  the  State  Entomologist,  he 
shall  destroy  or  order  to  be  destroyed  all  said  diseased  colonies 
by  fire  as  provided  for  in  case  of  disease  in  this  malignant 
form.  (Acts  1909,  p.  191.  Burns',  1914,  Sec.  7832b.) 

59.  Transfer  of  Bees.     Sec.  6.    The  State  Entomologist 
shall  have  full  power  in  his  discretion  to  order  any  owner,  pos- 
sessor or  person  having  charge  of  bees  dwelling  in  box  hives 
(having  mere  boxes  without  frames),  in  apiaries  where  dis- 
ease exists,  to  transfer  such  bees  to  movable  frame  hives, 
within  a  specified  time,  and  in  default  of  such  transfer  he 
shall  order  destroyed  or  destroy  all  such  box  hives  and  the 
bees  dwelling  therein.1     (Acts  1909,  p.  192.    Burns',  1914, 
Sec.  7832c.) 

60.  Right  of  Entry  Into  Premises.    Sec.  7.    The  said 
State  Entomologist  shall  have  the  right  to  enter  for  the  per- 
formance of  his  duties  upon  any  premises  where  bees  are 
kept.     (Acts  1909,  p.  192.     Burns',  1914,  Sec.  7832d.) 

61.  Annual   Report.    Sec.    8.    The    State    Entomologist 
shall  include  in  his  annual  report  to  the  Governor  [director 
of  the  Department  of  Conservation]  such  information  in  re- 
gard to  the  work  of  the  apiary  inspection  and  bee  culture  as 
he  may  deem  of  importance  to  the  state.     (Acts  1909,  p.  192. 
Burns',  1914,  Sec.  7832e.) 

62.  Diseased  Bees  or  Appliances,  Penalty.    Sec.  9.    Any 
owner  of  any  apiary  where  disease  exists  or  any  person  or 
persons,  company  or  corporation,  who  shall  sell,  barter,  or  give 
away,  or  import  into  this  state,  any  colony  or  colonies  of  bees 
or  appliances  infected  with  disease,  or  expose  to  the  danger 
of  other  bees  any  comb,  honey,  bee  hives  or  appliances  or 
things  infected  with  disease,  or  conceal  the  fact  that  disease 
exists  among  his  or  their  bees  when  disease  is  known  to  exist, 

1  See  Conservation  Act,  Sec.  16,  Sub-Sec.  8. 


38 

or  refuses  to  allow  the  State  Entomologist  to  inspect  or  treat 
any  apiary  or  appliances  or  shall  resist,  hinder  or  impede  him 
in  any  way  in  the  discharge  of  his  duties  under  the  provi- 
sions of  this  act,  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  fined  in  any  sum  not  less  than  $10.00  nor 
more  than  $25.00.  (Acts  1909,  p.  192.  Burns',  1914,  Sec. 
7832f.) 

63.  Duties  to  Beekeeper.     Sec.  10.     Every  beekeeper  or 
other  person  who  is  aware  of  the  existence  of  foul  brood  or 
other  infectious  or  contagious  diseases  either  in  his  own  apiary 
or  elsewhere  shall  immediately  notify  the  State  Entomologist 
of  the  existence  of  such  disease,  and  in  default  of  so  doing  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
in  any  sum  not  more  than  $10.00.     (Acts  1909,  p.  193.  Burns', 
1914,  Sec.  7832g.) 

64.  Definitions.     Sec.  11.     Apiaries  within  the  meaning 
of  this  act  shall  be  any  place  where  one  or  more  hives,  swarms 
or  colonies  of  bees  shall  be  kept.     (Acts  1909,  p.  193.     Burns', 
1914,  Sec.  7832h.) 

65.  Treatment  of  Trees  and  Bee  Hives.     Sec.  12.     When- 
ever, as  the  result  of  an  official  inspection,  the  State  Ento- 
mologist or  any  of  his  deputies  shall  order  the  treatment  or 
removal  of  any  trees,  vines,  shrubs  or  plants,  or  shall  order  the 
treatment  or  destruction  of  any  bee  hives,  frames,  or  other 
appurtenances  connected  with  apiculture,  he  may  require  that 
an  affidavit  shall  be  filed  by  the  owner  or  person  in  charge  of 
the  property  so  affected,  in  which  it  shall  be  stated  that  the 
treatment  ordered  has  been  carried  out  to  the  best  of  the  af- 
fiant's ability,  and  that  the  work  has  been  effective  for  the 
purpose  prescribed.     The  State  Entomologist  is  hereby  em- 
powered to  prevent  the  removal  or  transportation  from  any 
private  or  public  place  or  any  area  of  the  state  which  con- 
tains dangerously  infested  or  infected  plant  material  of  any 
kind,  and  also  bees  or  bee  appliances  infected  with  disease,  for 
such  periods  and  under  such  conditions  as  is  in  his  judgment 
necessary  in  order  to  prevent  the  further  spread  of  the  in- 
festation or  infection,  giving  such  notice  thereof  either  per- 
sonally, by  deputy,  or  by  letter;  and  during  the  existence  of 
such  order  no  person  shall  remove  or  ship  from  this  area  any 
such  plant  material,  bees  or  bee  appliances  as  set  forth  in  the 
order,  except  by  special  permit  issued  by  the  State  Entomolo- 


39 

gist.  Tn  case  the  owner  or  person  in  charge  of  any  infected  or 
infested  premises  or  apiary  shall  refuse  or  neglect  to  carry  out 
the  order  issued  by  the  State  Entomologist  within  the  period 
of  time  allowed  for  the  performance  of  the  work,  the  State 
Entomologist  may  proceed  to  destroy  or  treat  the  infested  or 
infected  plants  or  plant  material,  colonies  of  bees  or  bee  ap- 
pliances. The  expense  thereof  shall  be  certified  by  the  State 
Entomologist  to  the  county  auditor  of  the  county  wherein 
such  infested  or  infected  premises,  or  apiary  is  situated,  and 
such  county  auditor  shall  place  the  amount  so  certified  upon 
the  tax  duplicate,  and  such  amounts  shall  be  collected  at  the 
same  time  and  in  the  same  manner  that  the  State  and  county 
taxes  are  collected.  The  amount  of  such  expense  when  col- 
lected shall  be  paid  to  the  State  Treasurer  by  the  county  treas- 
urer of  such  county  -at  the  time  when  and  in  the  manner  in 
which  he  makes  his  next  succeeding  semi-annual  settlement 
with  the  State  Treasurer.  All  amounts  so  collected  and  paid 
into  the  state  treasury  shall  become  a  part  of  the  fund  used 
to  enforce  the  provisions  of  section  8  of  this  act.  (Acts  1909, 
p.  191,  as  amended  by  Acts  1915,  p.  203.  Burns',  1918  S.,  Sec. 
7832L) 

66.  Penalty.     Sec.  9.     Any  person  violating  any  section 
of  this  act  or  any  rules  or  regulations  promulgated  under  this 
act,  shall  be  guilty  of  a  misdemeanor  and  on  conviction  thereof 
shall  be  fined  in  the  sum  of  not  less  than  $10.00  nor  more 
than  $100.00  for  each  offense.     It  shall  be  the  duty  of  each 
prosecuting  attorney  to  whpm  the  State  Entomologist  or  any 
of  his  deputies  shall  present  satisfactory  evidence  of  viola- 
tion of  any  provisions  of  this  act  to  prosecute  without  delay 
such  violations  in  the  proper  court.     (Acts  1915,  p.  205.) 

67.  Notice  of  Disease.     Sec.  8.     Whenever  a  nurseryman, 
agriculturist  or  fruit  grower  in  this  state  shall  know  or  have 
good  reason  to  believe  that  his  trees,  shrubs,  vines  or  plants 
are  affected  with  San  Jose  scale,  yellows,  rosette  or  other 
destructive  insects  or  fungus  enemies,  he  shall  have  the  priv- 
ilege and  it  shall  be  his  duty  to  notify  the  State  Entomologist, 
who  shall  proceed  in  person  or  by  his  assistant  to  examine 
the  same  without  delay,  and  advise  the  proper  remedies  for 
the  destruction  of  such  insect  or  fungus  enemies  as  may  be 
present.     In  case  the  owner  or  owners,  or  person  in  control  of 
said  affected  trees,  shrubs,  vines  or  plants  do  not  apply  the 


40 

proper  remedies  recommended  by  said  State  Entomologist 
within  a  certain  specified  time,  the  owner  or  owners,  or  per- 
son in  control  shall  be  liable  to  a  fine  of  not  more  than  $25.00 
or  less  than  $10.00  and  costs  in  the  judgment  of  the  court, 
for  every  such  offense,  the  fines  to  be  recoverable  in  the  same 
manner  as  provided  for  in  section  five  of  this  act:1  Provided, 
That  in  case  of  objection  to  the  findings  of  the  State  Ento- 
mologist an  appeal  may  be  taken  to  the  circuit  court,  whose 
decision  shall  be  final.  Said  appeal  must  be  taken  within  three 
days  and  shall  operate  as  a  stay  of  proceedings  until  it  is  heard 
and  decided.  (Acts  1899,  p.  224.  Burns',  1914,  Sec.  7840.) 

68.  Corporation,    Horticulture,    Diseases   Among    Trees. 

Section  1.  That  horticultural  and  quarantine  districts,  to  be 
administered  by  voluntary  associations  and  their  duly  elected 
officers,  may  be  organized,  under  the  provisions  of  this  act, 
for  any  or  all  of  the  following  purposes : 

First.  To  prevent  the  spread  of  contagious  diseases 
among  fruit,  fruit  trees  and  fruit-bearing  plants; 

Second.  To  provide  for  the  prevention,  treatment,  cure 
and  extirpation  of  fruit  pests  and  diseases  of  fruit,  fruit  trees 
and  fruit-bearing  plants; 

Third.  To  provide  for  the  purchase  and  maintenance  of 
spraying  machines,  wagons  or  other  necessary  apparatus  to 
adequately  spray  fruit  trees  or  other  fruit-bearing  plants  and 
to  hire  men  and  teams  to  perform  the  required  labor,  and  to 
incur  the  necessary  expense  to  carry  out  the  purposes  of  this 
act; 

Fourth.  To  hire  experts  to  inspect  the  fruit  trees  and 
fruit-bearing  plants  found  within  such  horticultural  and 
quarantine  district  and  to  prescribe  the  proper  methods  of 
treatment  of  any  diseases  of  such  trees  or  plants  which  may 
be  found  to  exist.  (Acts  1915,  p.  557.  Burns',  1918  S.,  Sec. 
4276a.) 

69.  Articles  of  Association.   /Sec.  2.     That  any  number 
of  persons,  not  less  than  ten  (10)  who  may  be  the  owners  of 
the  land  constituting  any  contiguous  area,  upon  which  lands 
are  situated  orchards  or  fruit  trees  or  other  fruit-bearing 
plants,  may  voluntarily  associate  themselves  together  for  the 

1  Section  5  of  the  Act  of  1899  provides  that  the  fine  is  recoverable  before  a  justice  of 
the  peace  or  before  a  grand  jury.  Burns'  7837.  The  remainder  of  the  Act  of  1899,  being 
Sections  7833-7843  of  Burns'  1914  Revision,  was  clearly  repealed  by  the  Act  of  1907. 


41 

purpose  of  organizing  a  horticultural  and  quarantine  district. 
The  articles  of  association  shall  be  in  writing  and  shall  be 
signed  and  acknowledged  by  each  person  who  "desires  to  be- 
come a  member  of  such  organization.  The  articles  of  associa- 
tion shall  specify: 

First.    The  corporate  name  of  such  association; 

Second.     The  object  of  such  association,  generally; 

Third.  The  name  and  residence  of  each  incorporating 
member; 

Fourth.  The  term  of  existence  of  such  association,  which 
in  no  case  shall  exceed  ten  (10)  years; 

Fifth.  The  number  of  directors  who  shall  manage  the 
affairs  of  the  association. 

Such  association  shall  have  no  capital  stock.  The  articles 
of  association  may  be  amended  at  any  time  such  action  may 
be  deemed  advisable,  by  supplementary  and  amended  articles, 
signed  and  acknowledged  by  a  majority  of  the  members  of  the 
association  at  the  time  of  such  amendment,  and  recorded  in 
the  same  manner  as  the  original  article.  (Acts  1915,  p.  558. 
Burns',  1918  S.,  Sec.  4276b.) 

70.  Elections  of  Directors.    Sec.  3.     Three  (3)  or  more 
members  of  the  association  may  give  notice  that  at  a  time 
specified,  and  at  a  convenient  place  named  within  or  near  the 
proposed  horticultural  and  quarantine  district,  an  election  will 
be  held  for  the  purpose  of  choosing  directors  of  the  associa- 
tion to  administer  the  affairs  of  the  horticultural  and  quaran- 
tine district.    The  notice  may  be  published  in  one  newspaper 
in  the  county  and  of  general  circulation  among  the  members 
of  the  association  or  such  notice  may  be  delivered  in  person. 
(Acts  1915,  p.  558.     Burns',  1918  S.,  Sec.  4276c.) 

71.  Term  of  Office.     Sec.  4.     On  the  day  and  hour  and  at 
the  place  specified  in  the  notices,  and  if  a  majority  of  the 
members  of  the  association  shall  be  present,  such  members 
shall  proceed  to  elect  by  ballot,  three  (3)  of  their  number  as 
directors  of  the  association,  and  such  directors  shall  determine 
by  lot  immediately  the  terms  of  their  office,  which  shall  be  re- 
spectively, one,  two  and  three  years,  and  they  shall  serve  until 
their  successors  are  elected  and  qualified.     Annually  there- 
after, the  directors  shall  call  a  meeting  of  the  members  of 
the  association,  in  the  manner  provided  in  section  three  (3)  of 


42 

this  act,  and  such  members  shall  meet  at  the  time  and  place 
fixed  by  the  directors  and  elect  one  director  who  shall  hold  his 
office  for  a  term  of  three  (3)  years.  (Acts  1915,  p.  558. 
Burns',  1918  S.,  Sec.  4276d.) 

72.  Filling  Vacancy.     Sec.  5.     If  a  vacancy  occurs  in  the 
office  of  directors  the  remaining  directors  shall  fill  the  vacancy 
by  a  pro  tern,  appointment  from  among  the  members  of  the 
association,  which  appointment  shall  continue  until  the  next 
annual  election.    .(Acts  1915,  p.  559.     Burns', '1918  S.,  Sec. 
4276e.) 

73.  Articles  Filed.     Sec.  6.     The  association  shall,  either 
before  or  after  the  election  of  directors,  cause  their  articles 
of  association  to  be  filed  in  the  office  of  the  Secretary  of  State 
and  shall  also  cause  to  be  recorded  in  the  recorder's  office  of 
each  county  in  which  any  part  of  the  proposed  horticultural 
and  quarantine  district  may  be  situated  a  duplicate 'copy  of 
such  articles  of  association  and  thereafter  such  association 
shall  be  a  body  politic  and  corporate  by  the  name  and  style 
so  adopted,  and  shall  have  and  possess  all  the  rights,  powers 
and  privileges  given  to  corporations,  to  sue  and  be  sued,  plead 
and  be  pleaded,  answer  and  be  answered  in  any  court  of  compe- 
tent jurisdiction,  borrow  money  and  levy  assessments  upon 
the  owners  of  the  lands,  orchards  and  trees  and  other  fruit- 
bearing  plants  situated  therein,  as  hereinafter  provided  and 
to  rent,  lease,  purchase,  hold,  sell  and  convey  such  personal 
property  as  may  be  necessary  and  proper  for  the  purposes  and 
objects  of  the  corporation.     A  majority  of  the  members  of 
such  association  shall  have  the  power  to  adopt  by-laws  for 
the  government  of  such  horticultural  and  quarantine  district 
and  make  such  rules  as  may  be  necessary  to  carry  the  same 
into  force  and  effect.     (Acts  1915,  p.  559.     Burns',  1918  S., 
Sec.  4276f.) 

74.  Boundary  of  Quarantine  District.     Sec.  7.    The  boun- 
dary of  such  horticultural  and  quarantine  district  shall  coin- 
cide with  a  line  inclosing  the  lands  owned  by  the  members  of 
the  association.  Any  person  who  is  the  owner  of  lands  contigu- 
ous to  such  horticultural  and  quarantine  district  shall  be  enti- 
tled at  any  time  to  become  a  member  of  the  association  by 
signing  the  articles  of  association.   Horticultural  and  quaran- 
tine districts  may  be  increased  in  size  progressively  by  the 


43 

annexation  of  contigous  territory  in  the  manner  prescribed 
in  this  section,  but  no  such  horticultural  or  quarantine  district 
shall  contain  in  excess  of  twenty  (20)  square  miles  of  terri- 
tory. Contiguous  horticultural  and  quarantine  districts  may 
be  consolidated  if  the  combined  area  of  the  consolidating  dis- 
tricts does  not  exceed  twenty  (20)  square  miles.  The  ques- 
tion of  consolidation  may  be  submitted  to  the  members  of  the 
respective  associations  at  a  joint  meeting  called  for  that  pur- 
pose and  if  a  majority  of  those  entitled  to  vote  shall  be  in 
favor  of  such  consolidation,  a  new  district  comprising  such 
districts  so  consolidated  shall  be  formed  and  the  proper  papers 
and  documents  shall  be  filed  as  prescribed  in  section  six  (6) 
of  this  act.  Directors  of  the  new  district  may  be  chosen  at  the 
meeting  called  to  determine  the  question  of  consolidation 
or  at  any  subsequent  meeting.  (Acts  1915,  p.  560.  Burns', 
1918  S.,  Sec.  4276g.) 

75.  Members  Entitled  to  Vote.     Sec.  8.     All  persons  who 
have  signed  the  articles  of  association  and  have  paid  the  as- 
sessments levied  against  them  from  time  to  time  shall  be  en- 
titled to  vote  at  any  meeting  of  the  members  of  the  associa- 
tion on  any  and  all  questions  which  may  lawfully  come  before 
such  association,  and  each  member  shall  be  entitled  to  one 
vote  on  any  and  all  questions.     (Acts  1915,  p.  560.     Burns', 
1918  S.,  Sec.  4276h.) 

76.  Officers'  Duties.    Sec.  9.    The  directors  shall  elect  one 
of  their  number  president  and  one  secretary.     The  secretary 
shall  likewise  be  treasurer  of  the  association  and  shall  have 
the  custody  of  all  the  money  of  the  association.     He  shall  be 
required  to  execute  a  bond  with  good  freehold  surety  for 
double  the  amount  of  money  which  will  probably  come  into 
his  hands  at  any  time  during  his  term  of  office.     The  secre- 
tary shall  keep  a  record  of  the  transactions  of  the  association, 
including  brief  minutes  of  all  meetings,  the  results  of  the  vari- 
ous elections,  an  itemized  account  of  all  receipts  and  expendi- 
tures, and  such  secretary  shall  present  a  report  of  all  such 
transactions  to  the  members  of  the  association  at  their  annual 
meeting.     (Acts  1915,  p.  560.    Burns',  1918  S.,  Sec.  4276L) 

77.  Warrants.     Sec.  10.     No  money  shall  be  drawn  from 
the  treasury  of  such  association  except  upon  the  order  of  a 
majority  of  the  board  of  directors  and  all  warrants  drawn 


44 

shall  be  signed  by  the  president  of  the  board  of  directors  and 
attested  by  the  treasurer.  (Acts  1915,  p.  561.  Burns',  1918 
S.,  Sec.  4276J.) 

78.  Meetings  Called.     Sec.  11.     A  majority  of  the  board 
of  directors,  or  any  five  (5)  members  of  the  association,  may 
call  a  special  meeting  of  the  members  of  the  association  at 
any  time.     A  majority  of  the  members  shall  constitute  a 
quorum  to  transact  ordinary  business  not  required  by  law 
to  be  transacted  at  the  regular  meeting  prescribed  by  law. 
(Acts  1915,  p.  561,     Burns',  1918  S.,  Sec.  4276k.) 

79.  Purposes  of  Corporation.     Sec.  12.     The  board  of  di- 
rectors of  any  association  shall  administer  the  affairs  of  such 
association  under  the  provision  of  this  act,  for  any  or  all  of 
the  following  purposes: 

First.  To  prevent  the  spread  of  contagious  diseases  among 
fruit,  fruit  trees,  and  fruit-bearing  plants ; 

Second.  To  provide  for  the  prevention,  treatment,  cure 
and  extirpation  of  fruit  pests  and  diseases  of  fruit  and  fruit- 
bearing  plants ; 

Third.  To  provide  for  the  purchase  and  maintenance  of 
spraying  machines,  wagons,  or  other  necessary  apparatus,  to 
adequately  spray  fruit  trees  or  other  fruit-bearing  plants, 
and  to  hire  men  and  teams  to  perform  the  required  labor, 
and  to  incur  the  necessary  expense  to  carry  out  the  purposes 
of  this  act; 

Fourth.  To  hire  experts  to  inspect  fruit  trees  and  fruit- 
bearing  plants  found  within  such  horticultural  and  quarantine 
district  and  to  prescribe  the  proper  methods  of  treatment  of 
any  diseases  of  such  trees  or  plants  which  may  be  found  to 
exist ; 

Fifth.  To  levy  such  assessments  on  the  members  from 
time  to  time  as  may  carry  out  the  provisions  of  this  act  and 
the  purposes  of  such  association; 

Sixth.  To  actively  co-operate  with  the  State  Entomolo- 
gist and  the  county  agents  in  precautionary  measures  to  pre- 
vent the  spread  of  injurious  insects  and  plant  diseases  within 
the  district; 

Seventh.  To  advise,  direct  and  encourage  the  activities  of 
the  association. 

The  board  of  directors  of  any  association  may  hire  experts 
to  inspect  fruit  trees  and  fruit-bearing  plants,  and  to  pre- 


45 

scribe  the  proper  methods  of  treatment  of  any  diseases  of 
such  trees  or  plants  which  may  be  found  to  exist,  if  directed 
to  do  so  by  the  majority  of  vote  of  the  members  taken  at  any 
special  or  regular  meeting.  (Acts  1915,  p.  561.  Burns',  1918 
S.,  Sec.  42761.) 

80.  State    Entomologist,     Co-operation.     Sec.     13.    The 
State  Entomologist  shall  co-operate  with  any  horticultural  or 
quarantine  association  in  the  state  in  any  efforts  to  prevent, 
locate,  check,  or  eradicate  any  injurious  insects  or  fruit  dis- 
ease.    He  shall  from  time  to  time,  or  upon  request,  send  all 
available  information  relating  to  injurious  insects  and  plant 
diseases  with  the  methods  of  detecting  the  same  and  the 
modes  of  treatment,  to  the  board  of  directors  of  any  horti- 
cultural   or    quarantine    association.     (Acts    1915,    p.    561. 
Burns',  1918  S.,  Sec.  4276m.) 

81.  County    Agents    Ex-Officio    Deputy.    Sec.    14.     In 
counties  having  a  county  agent,  the  county  agent  shall  be  ex- 
officio  deputy  state  entomologist  for  such  county;  he  shall 
be  authorized  and  required  to  carry  out  the  instructions  of 
the  State  Entomologist;  and  shall  under  the  direction  of  the 
State  Entomologist,  co-operate  with  any  local  horticultural 
association  or  society  in  any  efforts  to  prevent,  locate,  check, 
or  eradicate  any  injurious  insects  or  fruit  diseases.     He  shall 
receive  no  additional  compensation  for  the  performance  of 
such    duties.     (Acts    1915,    p.   562.     Burns',    1918    S.,    Sec. 
4276n.) 

82.  Members  Assessed.    Sec.   15.    For  the  purpose  of 
raising  money  necessary  to  meet  the  expenses  of  horticultural 
and  quarantine  associations,  the  board  of  directors  shall  assess 
the  individual  members  of  the  association  in  proportion  to 
the  service  derived,  procured,  or  otherwise  obtained  from 
such  association,  on  the  basis  of  the  acreage,  or  number  of 
trees,  plants,  vines,  or  other  herbaceous  plants  in  such  equit- 
able proportion  as  such  aforesaid  directors  may  deem  just. 
(Acts  1915,  p.  562.     Burns',  1918  S.,  Sec.  4276o.) 


PART  IV 
STATE  FORESTER 


83.  Funds  State  Forest  Reservation  and  Bond.     Sec.  4. 
The  secretary  of  the  board  [State  Forester]  shall  receive  all 
money  to  which  the  state  may  be  entitled  by  reason  of  the 
sale  of  any  timber,  leases,  contracts  for  the  mining  and  re- 
moval of  minerals  or  from  any  source  whatever  from  such 
land,  and  he  shall  immediately  pay  the  same  over  to  the  State 
Treasurer  as  a  part  of  the  revenues  of  the  state,  and  the  sec- 
retary [State  Forester]  shall  give  his  bond,  to  the  Governor 
of  the  state,  in  the  sum  of  five  thousand  dollars  for  the  faith- 
ful  discharge   of   his   duty.1     (Acts    1903,    p.    132.     Burns', 
1914,  Sec.  7459.) 

84.  Rights  of  Way.    Section  1.    That  the  State  Board  of 
Forestry  [conservation  commission]   shall  have  the  right  to 
grant  and  convey  by  deed  rights  of  way  to  electric  and  steam 
railroads  and  to  telegraph  and  telephone  companies  to  con- 
struct and  operate  their  lines  across  the  lands  of  the  Indiana 
state  forest  reservation,  laboratory  of  forestry  demonstration 
and  state  nurseries.     (Acts  1907,  p.  81.     Burns',  1914,  Sec. 
7460.) 

85.  Approval.     Sec.  2.     The  terms  and  conditions  upon 
which  such  rights  of  way  are  granted  and  conveyed  by  deed 
shall  be  submitted  to  and  approved  by  the  Governor,  the  At- 
torney-General and  the  Auditor  of  State,  before  the  same  shall 
become    operative    or    possession    taken    thereunder.     (Acts 
1907,  p.  81.     Burns',  1914,  Sec.  7461.) 

86.  Arbor  Day.    Section  1.    That  for  the  purpose  of  en- 
couraging the  planting  of  shade  and  forest  trees,  shrubs  and 
vines,  the  third  Friday  of  April  in  each  year  is  hereby  desig- 
nated as  a  day  for  general  observance  and  to  be  known  as 
Arbor  Day.     (Acts  1913,  p.  422.     Burns',  1914,  Sec.  7461a.) 

87.  Proclamation.     Sec.    2.      The    Governor    shall    make 
proclamation  of  said  day  in  each  year  at  least  thirty  days 
prior  thereto.     (Acts  1913,  p.  422.     Burns',  1914,  Sec.  7461b.) 

1  The  provision  requiring  the  state  forester  to  give  bond  is  probably  still  in  force. 

(46; 


47 

88.  School  Exercises.  Sec.  3.  Appropriate  exercises 
shall  be  introduced  in  all  the  schools  of  the  state;  and  it  shall 
be  the  duty  of  the  several  county  and  city  superintendents  to 
prepare  a  program  of  exercises  for  that  day  to  be  observed 
in  all  the  schools  under  their  respective  jurisdictions.  The 
exercises  on  Arbor  Day  shall  give  due  honor  to  the  conservors 
of  forestry,  and  the  founders  of  the  study  and  conservation 
of  Indiana  forestry.  And  especially  to  the  leading  spirit  of 
Indiana  forestry  conservation,  Charles  Warren  Fairbanks. 
(Acts  1913,  p.  422.  Burns',  1914,  Sec.  7461c.) 


PART  V 
FISH  AND  GAME 


89.  Traps  and  Deadfalls.     Section   1.     No  person   shall 
trap  or  set  any  steel  trap  or  deadfall  on  the  land  of  another 
person  without  the  written  consent  of  the  occupant,  owner 
or  lessee  of  said  land,  and  without  at  the  time  of  said  trap- 
ping or  setting  of  said  steel  trap  or  deadfall,  he  has  in  his  pos- 
session said  written  consent  and  exhibits  to  any  one  demand- 
ing to  examine  it:     Provided  further,  That  any  person  set- 
ting or  placing  a  steel  trap  on  the  lands  of  another  person 
shall  set  or  place  such  steel  trap  eighteen  (18)  or  more  inches 
within  the  entrance  of  said  hole,  cave  or  hollow  log,  so  as  to 
be  inaccessible  to  domestic  animals,  dogs  or  fowls:     Provided 
further,  That  any  person  setting  or  placing  any  steel  trap  or 
deadfall  on  the  land  of  another  person  shall  inspect  the  same 
within  each  thirty-six  (36)  hours  thereafter,  and  shall  remove 
therefrom   any   animal   or  fowl   caught   therein:     Provided, 
further,  That  any  person  finding  any  of  the  devices  mentioned 
in  this  section  set  or  placed  contrary  to  the  provisions  of  this 
act,  may  seize  and  destroy  all  devices  so  found.     Any  person 
violating  any  of  the  provisions  of  this  section,  or  any  part 
thereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  of  the  same,  shall  be  fined  in  any  sum  not  less  than 
five  ($5.00)  dollars,  nor  more  than  fifty  ($50.00)  dollars  for 
each  offense,  to  which  may  be  added  imprisonment  in  the 
county  jail  not  exceeding  thirty  (30)  days.     (Acts  1917,  p. 
438.     Burns',  1918  S.,  Sec.  2511a.) 

90.  Separate  Offense.     Sec.  2.    The  setting  of  each  sepa- 
rate steel  trap  or  deadfall  contrary  to  the  provisions  of  sec- 
tion one  of  this  act,  shall  constitute  and  be  deemed  a  separate 
offense,  and  shall  be  punished  accordingly,  and  two  or  more 
offenses  may  be  joined  in  the  same  affidavit  or  indictment 
therefor,  and  the  person  so  offending,  if  convicted,  shall  be 
punished  as  provided  in  section  one  (1)  of  this  act.     (Acts 
1917,  p.  439.     Burns',  1918  S.,  Sec.  2511b.) 

91.  Evidence  of  Violation.     Sec.  3.    The  catching  of  any 
domestic  animal,  dog  or  fowl,  in  any  steel  trap  shall  be  prima 

(48) 


49 

facie  evidence,  that  said  steel  trap  was  placed  and  set  con- 
trary to  the  provisions  of  section  one  of  this  act,  and  of  guilt 
under  said  section  of  this  act.  (Acts  1917,  p.  439.  Burns', 
1918  S.,  Sec.  2511c.) 

92.  Closed  Season.     Sec.  4.    No  person  shall  take,  trap, 
shoot  or  kill  any  beaver,  raccoon,  fox,  otter,  opossum  or  skunk 
in  the  State  of  Indiana  from  the  second  day  of  February,  to 
the  twentieth  day  of  November  of  any  year:    Provided,  how- 
ever, That  when  any  of  the  animals  mentioned  in  this  sec- 
tion, are  found  injuring  or  doing  damage  to  or  destroying -any 
property,  the  person  whose  property  is  being  injured,  dam- 
aged or  destroyed,  may  at  any  time  kill  them  on  his  own 
premises  when  necessary  for  the  protection  of  his  own  prop- 
erty.    Any  person  violating  this  section,  or  any  of  the  pro- 
visions thereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  upon  the  conviction  thereof,  be  fined  in  any  sum  not  less 
than  five  ($5.00)  dollars,  nor  more  than  fifty  ($50.00)  dollars 
for  each  offense,  to  which  may  be  added  imprisonment  in  the 
county  jail  not  to  exceed  thirty  (30)  days.     (Acts  1917,  p. 
439.     Burns',  1918  S.,  Sec.  2511d.) 

93.  Penalty.    Sec.  5.    The  taking,  trapping,  shooting  or 
killing  of  any  of  said  animals  contrary  to  the  provisions  of 
section  four  of  this  act,  shall  be  punished  as  herein  provided, 
and  two  or  more  offenses  may  be  joined  in  the  same  affidavit 
or  indictment  therefor,  and  the  person  so  offending,  if  con- 
victed, shall  be  fined  and  punished  for  each  offense,  as  pro- 
vided in  section  four   (4)   of  this  act.     (Acts  1917,  p.  440. 
Burns',  1918  S.,  Sec.  2511e.) 

94.  Possession  of  Animal.     Sec.  6.    The  having  in  posses- 
sion of  any  of  the  animals  mentioned  in  section  four,  or  the 
freshly  skinned  hide  or  fur  thereof,  between  the  second  day 
of  February  and  the  twentieth  day  of  November  of  any  year, 
shall  be  prima  facie  evidence  of  guilt  under  section  four  of 
this  act:     Provided,  That  nothing  in  this  act  shall  be  con- 
strued to  prohibit  the  having  in  possession  of  any  of  the  ani- 
mals mentioned  herein  for  breeding  purposes.     (Acts  1917, 
p.  440.     Burns',  1918  S.,  Sec.  2511f.) 

95.  Hunting    with    Ferrets    Prohibited.     Section    1.     It 
shall  be  unlawful  for  any  person  to  hunt,  attempt  to  hunt, 
catch  or  in  any  manner  take  any  rabbit  or  other  species  of 

4—16367 


50 

game  anywhere  in  this  state  with  or  by  means  of  any  ferret 
at  any  time.     (Acts  1913,  p.  17.     Burns',  19l4,  Sec.  2511a.) 

96.  Penalty.     Sec.  2.     Whoever  shall  violate  or  attempt 
to  violate  the  provisions  of  section  one  (1)  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  not  less  than  ten  dollars  ($10.00)  nor  more  than 
twenty-five  dollars  ($25.00)  for  each  offense.      (Acts  1913,  p. 
17.     Burns',  1914,  Sec.  2511b.) 

97.  Hunting  with  Searchlight.     Section  1.     That  it  shall 
be  unlawful  for  any  person  to  hunt,  or  attempt  to  hunt,  by 
means  of  any  searchlight  or  other  artificial  light  attached  to 
an  automobile,  any  species  of  game  upon  any  highway  or 
within  one  hundred  fifty  yards  on  either  side  of  said  highway 
anywhere    in    the    State    of    Indiana.     (Acts    1915,    p.    111. 
Burns',  1918  S.,  Sec.  2511g.) 

98.  Shooting  on  Public  Highways.     Sec.  2.     It  shall  be 
unlawful  for  any  person  to  shoot,  or  cause  to  be  shot,  any 
firearm  of  any  description  across,  along  or  upon  any  public 
highway  in  the  State  of  Indiana,  except  officers  of  the  law 
when    in    discharge   of   their   duty.       (Acts    1915,    p.    111. 
Burns',  1918  S.,  Sec.  2511h.) 

99.  Penalty.     Sec.  3.     Any  person  who  violates  any  of 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction,  shall  be  punished  by  a  fine  of 
not  less  than  one  dollar  ($1.00),  nor  more  than  fifty  dollars 
($50.00),  for  each  and  every  offense,  or  imprisonment  for  not 
less  than  ten  (10)  days  nor  more  than  sixty  (60)  days.     (Acts 
1915,  p.  111.    Burns',  1918  S.,  Sec.  2511i.) 

100.  Wild  Deer,  Turkey,  Pheasant.     Sec.  593.     Whoever 
shoots  or  destroys  or  pursues  for  the  purpose  of  shooting 
or  destroying,  or  has  in  his  possession,  dead  or  alive,  except 
for  breeding  purposes,  any  wild  deer,  buck,  doe  or  fawn,  wild 
turkey,  or  any  pheasant  of  any  species  or  kind?  killed  or  bred 
in  this  state,  shall,  on  conviction,  be  fined  not  less  than  fifty 
dollars  ($50)  nor  more  than  two  hundred  dollars  ($200)  for 
each  wild  deer,  buck,  doe,  fawn,  wild  turkey  or  pheasant  of 
any  species  or  kind  so  shot  or  destroyed,  pursued  or  had  in  his 
possession :    Provided,  That  the  provisions  of  this  section  shall 
not  apply  to  any  person  or  persons  owning  or  having  under 

1  See  Sec.  101  below. 


51 

his  domain  or  control,  any  deer,  buck,doe,  or  fawn,  bred  or 
raised  in  any  private  deer  park.  (Acts  1905,  p.  584,  as 
amended  by  Acts  1907,  p.  385.  Burns',  1914,  Sec.  2512.) 

Power  of  states  to  regulate  the  killing  and  transportation  of  wild  game.  Geer  v. 
Connecticut,  161  U.  S.  519. 

The  legislature  has  power  to  enact  statutes  for  the  protection  of  wild  game.  Smith 
v.  State,  155  Ind.  611,  58  N.  E.  1044. 

101.  Prairie  Chickens,  Pheasants,  Partridges.    Section  1. 
That  it  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  hunt,  shoot  or  kill,  pursue  for  the  purpose  of  shooting  or 
killing  or  have  in  his  possession  dead  or  alive,  or  to  sell  or 
offer   for   sale,   except   for   breeding   purposes,    any   prairie 
chicken,  any  ring-neck  Mongolian  pheasant,  any  green  Jap- 
anese pheasant,  any  copper  pheasant  or  scholmeringer,  any 
tragopan  pheasant,   silver  pheasant,  golden  pheasant,  Hun- 
garian pheasant,  or  Hungarian  partridge  at  any  time  during 
the  year,  except  that  it  shall  be  lawful  to  hunt,  shoot  and  kill 
prairie  chickens  during  the  period  from  October  fifteenth  (15) 
to  November  first  (1)  of  any  one  year:     Provided,  That  dur- 
ing that  period  no  one  person  shall  be  entitled  to  kill  more 
than  five  (5)  prairie  chickens  in  any  one  day.     (Acts  1915, 
p.  528.     Burns',  1918  S.,  Sec.  2514a.) 

102.  Penalty.     Sec.  2.     Any  person  violating  the  provi- 
sions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor  and 
on  conviction  thereof  shall  be  fined  in  any  sum  from  ten  dol- 
lars ($10)  to  fifty  ($50)  dollars.     (Acts  1915,  p.  528.  Burns', 
1918  S.,  Sec.  2514b.) 

103.  Homing  Pigeons.    Section  1.    That  whoever  pursues, 
hunts  or  kills  any  homing  pigeon  shall  be  deemed  guilty  of 
a  misdemeanor  and  on  conviction  thereof  shall  be  fined  in 
any  sum  not  less  than  $10.00  nor  more  than  $100,  or  im- 
prisonment in  the  county  jail  not  less  than  ten  days  nor 
more  than  thirty  days,  or  both,  in  the  discretion  of  the  court. 
(Acts  1913,  p.  57.     Burns',  1914,  Sec.  2514a.) 

104.  Quail,   Netting   or   Trapping.     Sec.    594.     Whoever 
nets  or  traps,  or  attempts  to  net  or  trap  any  quail;  or  who- 
ever has  in  his  possession  any  net  or  trap  for  the  purpose  of 
netting  or  trapping  any  quail  at  any  time,  shall,  on  convic- 
tion, be  fined  not  less  than  ten  dollars  nor  more  than  fifty  dol- 
lars for  each  offense.     Each  act  of  netting  or  trapping,  or 
attempting  to  net  or  trap  quail,  or  each  day's  possession  of 


52 

such  net  or  trap,  shall  be  deemed  and  held  to  be  a  separate 
and  distinct  offense  and  punishable  as  such.  (Acts  1905,  p. 
584.  Burns',  1914,  Sec.  2515.) 

105.  Quail,  Season  for  Hunting.     Sec.  8.    It  shall  be  un- 
lawful for  any  person,  firm  or  corporation  to  hunt,  shoot  or 
kill,  pursue  for  the  purpose  of  shooting  or  killing,  or  have  in 
his  or  its  possession,  dead  or  alive,  except  for  breeding  pur- 
poses,  and  then   only  by   permission   of  the   commissioner 
[Superintendent]  of  fisheries  and  game,  any  quail  or  ruffed 
grouse  at  any  time  from  the  twentieth  day  of  December  of 
any  year  to  the  tenth  day  of  November  of  the  following  year. 
Whoever  shall  violate  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  ten  dollars  ($10.00)  for  each  quail  or 
ruffed  grouse  so  hunted,  shot,  killed,  pursued  or  possessed. 
(Acts  1913,  p.  368.     Burns',  1914,  Sec.  2516.) 

106.  Quail,  Bag  Limit.     Sec.  596.     Whoever  shoots,  kills, 
or  has  in  his  possession  more  than  fifteen  quail  in  any  one  day 
between  the  tenth  day  of  November  of  any  year  and  the  first 
day  of  January  of  the  succeeding  year,1   shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  ten  dollars  for  each  quail  so  shot,  killed  or  possessed 
in   excess   of   fifteen:     Provided,   That    any   person    having 
hunted  three  days  or  more  in  succession  may  have  a  total 
of  not  to  exceed  forty-five  quail,  killed  by  himself  during 
such  hunt.     (Acts  1905,  p.  584,  as  amended  by  Acts  1907,  p. 
378.     Burns',  1914,  Sec.  2517.) 

107.  Quail,  Selling.     Sec.  577.    Whoever  sells,  or  offers 
for  sale,  directly  or  indirectly,  at  any  time,  any  quail,  shall, 
on  conviction,  be  fined  ten  dollars  for  each  quail  sold  or  of- 
fered for  sale.     (Acts  1905,  p.  584.     Burns',  1914,  Sec.  2518.) 

Persons  may  be  convicted  of  having  unlawful  possession  of  game,  although  when  such 
game  came  into  their  possession  it  was  not  unlawful  to  receive  the  same.  Smith  v.  State, 
155  Ind.  611,  58  N.  E.  1044. 

108.  Geese,     Ducks     and     Brant.     Sec.     598.     Whoever 
shoots  or  kills,  or  pursues  for  the  purpose  of  shooting  or 
killing  or  whoever  has  in  his  possession  any  wild  goose,  wild 
duck,  brant  or  other  waterfowl  at  any  time  from  the  fif- 
teenth day  of  April  of  any  year  to  the  first  day  of  September 

1  These  dates  were  fixed  by  the  Act  of  1913,  Sec.  105  above  from  Dec.  20th  to  Nov. 
10th. 


53 

of  the  same  year,  or  whoever  at  any  time  between  sunset 
of  any  day  and  sunrise  of  the  succeeding  day  shoots,  kills, 
pursues  for  the  purpose  of  shooting  or  killing  any  wild  goose, 
wild  duck,  brant  or  other  waterfowl  or  whoever  at  any  time 
pursues  any  wild  goose,  wild  duck,  brant  or  other  waterfowl 
with  or  by  means  of  a  naphtha,  electric  or  steam  launch  or 
boat,  or  any  other  kind  of  boat  except  a  row  boat  or  push 
boat,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  fined  ten  dollars  ($10)  for  each  wild 
goose,  wild  duck,  brant  or  other  waterfowl  so  shot,  killed,  pos- 
sessed or  pursued.1  (Acts  1905,  p.  584  as  amended  by  Acts 
1909,  p.  327.  Burns',  1914,  Sec.  2519.) 

109.  Wild  Ducks,  Geese,  Brant,  Etc.,  Bag  Limit.     Sec. 
599.     Whoever  shoots  or  kills,  or  whoever  has  in  his  posses- 
sion more  than  fifteen  wild  ducks,  wild  geese,  brant,  or  water- 
fowl in  any  one  day  at  any  time  from  the  first  day  of  Septem- 
ber of  any  year  to  the  fifteenth  day  of  April  of  the  succeed- 
ing year,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  ten  dollars  for  each  wild 
goose,  wild  duck,  brant  or  other  waterfowl  so  shot,  killed  or 
possessed  in  excess  of  fifteen  (15) :     Provided,  That  any  per- 
son having  hunted  three  days  or  more  in  succession  may  have 
a  total  of  not  to  exceed  forty-five  (45)  wild  geese,  wild  ducks, 
brant  or  other  waterfowl  killed  by  himself  during  such  hunt.2 
(Acts  1905,  584  as  amended  by  Acts  1909,  p.  327.    Burns', 
1914,  Sec.  2520.) 

110.  Squirrels,     Closed     Season.     Sec.     601.     Whoever 
shoots  or  destroys,  or  pursues  for  the  purpose  of  shooting  or 
destroying,  or  has  in  his  possession  any  wild  squirrel,  from 
the  first  day  of  December  of  any  year  to  the  first  day  of 
August  of  the  succeeding  year,  shall,  on  conviction,  be  fined 
ten  dollars  ($10)  for  each  squirrel  so  shot,  destroyed,  pursued 
or  had  in  his  possession.     (Acts  1905,  p.  584,  as  amended  by 
Acts  1907,  p.  136  and  Acts  1917,  p.  140.     Burns',  1918  S.,  Sec. 
2521.) 

111.  Squirrels  in  Public  Parks.    Section  1.    That  it  shall 
be  unlawful  for  any  person  in  the  State  of  Indiana  to  take, 
kill,  or  shoot  at,  or  in  any  manner  disturb  any  squirrel  in  any 
public  park  or  state  grounds,  or  within  one-half  mile  thereof, 

1  See, Sees.  109  and  119. 

2  See  Sees.  108  and  119. 


54 

in  the  State  of  Indiana.     (Acts  1911,  p.  163.     Burns',  1914, 
Sec.  2521a.) 

112.  Penalty.     Sec.  2.     Any  person  violating  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  therefor  shall  be  punished  by  a  fine  of 
not  less  than  ten  dollars   ($10)   nor  more  than  fifty  dollars 
($50).     (Acts  1911,  p.  163.     Burns',  1914,  Sec.  2521b.) 

113.  Wild  Birds.     Sec.  602.     It  shall  be  unlawful  for  any 
person  to  kill,  trap  or  possess  any  wild  bird,  or  to  purchase 
or  offer  the  same  for  sale,  or  to  destroy  the  nest  or  eggs  of 
any  wild  bird,  except  as  otherwise  provided  in  this  section. 
But  this  section  shall  not  apply  to  the  following  named  game 
birds:     The  anatidae,  commonly  called  swans,  geese,  brant, 
river  and  sea  duck;  the  rallidae,  commonly  known  as  rails, 
coots;  mud-hens  and  gallinules ;  the  linicolae,  commonly  known 
as   shore   birds,   plovers,   surf  birds,    snipe,   woodcock,    sand 
pipers,  tatlers  and  curlews ;  the  gallinae,  commonly  called  wild 
turkeys,  grouse,  prairie  chicken,  quail  and  pheasant;  nor  to 
English   or   European   house   sparrows,    black   birds,    crows, 
hawks,  or  other  birds  of  prey.     Nor  shall  this  section  apply 
to  any  person  taking  birds  or  their  nests  or  eggs  for  scien- 
tific purposes  under  permit  as  provided  in  the  next  section. 
Any  person  violating  the  provisions  of  this  section  shall,  on 
conviction,  be  fined  not  less  than  ten  dollars  ($10.00)  nor  more 
than  fifty  dollars  ($50.00).     (Acts  1905,  p.  584,  as  amended 
by  Acts  1907,  p.  378,  and  Acts  1913,  p.  593.     Burns',  1914, 
Sec.  2522.) 

114.  Permit  to  Take  Birds  and  Eggs.     Sec.  603.     Per- 
mits may  be  granted  by  the  commissioner  [superintendent] 
of  fisheries  and  game  to  any  properly  accredited  person,  per- 
mitting the  holder  thereof  to  collectkbirds,  their  nests  or  eggs 
for  strictly  scientific  purposes.     In  order  to  obtain  such  per- 
mit the  applicant  for  the  same  must  present  to  such  commis- 
sioner [superintendent]  written  testimonials  from  two  well- 
known  scientific  men  certifying  to  the  good  character  and  fit- 
n'ess  of  such  applicant  to  be  entrusted  with  such  privilege, 
and  pay  to  such  commissioner   [superintendent]    one  dollar 
therefor,  and  file  with  him  a  properly  executed  bond  in  the 
sum  of  two  hundred  dollars  ($200),  payable  to  the  State  of 
Indiana,  conditioned  that  he  will  obey  the  terms  of  such  per- 
mit, and  signed  by  at  least  two  responsible  citizens  of  the  state 


55 

as  sureties.  The  bond  may  be  forfeited,  and  the  permit  re- 
voked upon  proof  to  the  satisfaction  of  such  commissioner 
[superintendent]  that  the  holder  of  such  permit  has  killed 
any  bird  or  taken  the  nest  or  eggs  of  any  bird  for  any  other 
purpose  than  that  named  in  this  section.  (Acts  1905,  p.  584. 
Burns',  1914,  Sec.  2523.) 

115.  Permit  to  Hunt.     Sec.   604.     Whoever  hunts  with 
dog  or  ferrets,  or  whoever  hunts  or  shoots  with  any  kind  of 
firearms,  upon  any  land  without  first  securing  the  consent  of 
the  owner  or  tenant  thereof,  shall,  on  conviction,  be  fined  not 
less  than  ten  dollars  ($10)  nor  more  than  twenty-five  dollars 
($25).    Acts  1905,  p.  584.    Burns',  1914,  Sec.  2524.) 

It  is  not  necessary  in  charging  an  offense  under  this  section  to  particularly  describe 
the  lands  ;  naming  the  owner  or  occupant  and  the  state  and  county  is  sufficient.  Winlock 
v.  State,  121  Ind.  531,  23  N.  E.  514  ;  State  v.  Smith,  7  App.  166,  34  N.  E.  127. 

116.  Injury  to  Property  While  Hunting.     Sec.  605.  Who- 
ever, while  hunting  upon  the  lands  of  another,  carelessly  or 
wantonly  injures  any  cow,  horse,  hog,  sheep,  chicken,  turkey, 
duck,  or  other  property,  either  real  or  personal,  of  any  person, 
shall,  on  conviction,  be  fined  not  less  than  the  value  of  the 
property  destroyed,  or  amount  of  the  injury  done,  nor  more 
than  double  the  value  of  the  property  destroyed,  or  amount  of 
the   injury   done.     (Acts   1905,   p.   584.     Burns',   1914,   Sec. 
2525.) 

117.  Sunday    Hunting.     Sec.    606.     Whoever    hunts    or 
shoots  wild  birds,  rabbits,  or  any  species  of  game  with  any 
kind  of  firearms  on  the  first  day  of  the  week,  commonly  called 
Sunday,  shall,  on  conviction,  be  fined  not  less  than  one  dol- 
lar nor  more  than  fifty  dollars    ($50).     Acts  1905,  p.  584. 
Burns',  1914,  Sec.  2526.) 

118.  Woodcock,  Sale.     Sec.  607.     Whoever  hunts,  shoots, 
kills  or  has  in  his  possession,  any  woodcock  at  any  time  from 
the  first  day  of  January  of  any  year  to  the  first  day  of  July 
of  the  same  year  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  ten  dollars   ($10)  for  each 
woodcock  so  hunted,  shot,  killed  or  possessed.     (Acts  1905,  p. 
584,  as  amended  by  Acts  1907,  p.  378.     Burns',  1914,  Sec. 
2527.) 

119.  Closed  Season.     Sec.  7.     It  shall  be  unlawful  to  hunt 
any  kind  of  game  except  wild  duck  and  other  waterfowl,  at 
any  time  from  the  twentieth  day  of  December  to  the  first  day 


56 

of  April  of  the  following  year.  Any  one  guilty  of  violating 
any  of  the  provisions  of  this  section  shall,  on  conviction,  be 
fined  not  less  than  five  dollars  ($5)  nor  more  than  fifty  dollars 
($50)  for  each  offense,  and  every  day  this  section  is  violated 
shall  constitute  a  separate  and  distinct  offense :  Provided,  That 
nothing  in  this  act  shall  be  construed  to  prevent  the  hunting 
of  rabbits  between  the  twentieth  day  of  December  and  the 
tenth  day  of  January  of  the  following  year.1  (Acts  1913,  p. 
371.  Burns',  1914,  Sec.  2528.) 

120.  Birds  and  Animals  Reared  in  Captivity.     Section  1. 
That  all  birds  and  animals  reared  and  bred  in  captivity,  shall 
be  considered  domestic  fowls  and  stock,  and  the  owner  or 
raiser  thereof  may  keep,  sell,  ship,  transport  or  otherwise  dis- 
'pose  of  them,  and  the  same  shall  not  be  affected  or  covered 
by  the  laws  prohibiting  or  regulating  the  killing  or  disposi- 
tion of  birds  and  animals  grown  or  propagated  in  a  wild  state. 
(Acts  1915,  p.  100.     Burns',  1918  S.,  Sec.  2528a.) 

121.  Resident  Hunting  and  Fishing  License.     Sec.  609. 
It  shall  be  unlawful  for  any  person  who  is  a  resident  of  the 
State  of  Indiana  to  hunt  or  fish  anywhere  within  the  State 
of  Indiana  without  first  procuring  a  license  to  do  so,  and  he 
may  then  hunt  or  fish  only  during  the  respective  periods  of 
the  year  when  it  shall  be  lawful  to  do  so.    In  every  county 
of  this  state  having  a  population  of  less  than  two  hundred 
thousand  inhabitants  according  to  the  last  preceding  census, 
it  shall  be  the  duty  of  the  clerk  of  the  circuit  court  to  issue 
such  license  to  any  resident  of  such  county  upon  application 
of  such  person.     Such  license  shall  contain  a  description  of 
such  person,  giving  his  age,  weight,  height,  color  of  hair,  color 
of  eyes,  complexion,  and  any  distinctive  mark  or  marks,  and 
shall  be  signed  by  him  in  ink.     Such  license  shall  contain  the 
signature  of  the  commissioner  [Superintendent]  of  fisheries 
and  game,  and  shall  be  countersigned  by  the  clerk  or  agent 
issuing  the  same,  and  shall  be  good  for  one  year  from  the 
date  of  issue.     In  all  counties  of  this  state  having  a  popula- 
tion of  two  hundred  thousand  or  more  inhabitants,  according 
the  last  preceding  census,  the  commissioner  [Superintendent] 
of  fisheries  and  game,  or  agents,  appointed  by  him  for  that 
purpose,  shall  issue  licenses  as  described  above  to  the  resi- 
dents of  such  county.     The  commissioner   [Superintendent] 

Sections   108   and   109    • 


57 

of  fisheries  and  game  shall  furnish  all  necessary  blank  appli- 
cations and  licenses  to  the  said  clerks  and  appointees.  Be- 
fore the  issuance  of  any  such  license  the  applicant  shall  pay  to 
such  clerk,  commissioner  [Superintendent]  of  fisheries  and 
game  or  his  appointee,  the  sum  of  one  dollar.  Any  person 
securing  such  license  shall  have  the  same  in  his  possession 
when  hunting  or  fishing,  and  shall  show  the  same  to  the  com- 
missioner [Superintendent]  of  fisheries  and  game  or  his  dep- 
uty upon  request :  Provided,  That  no  license  shall  be  issued 
to  any  person  under  the  age  of  fourteen  years  unless  the  ap- 
plication is  endorsed  in  writing  by  the  parent  or  guardian  of 
such  applicant:  Provided,  further,  That  the  resident  owner 
or  owners  of  farm  lands,  their  children  living  with  them,  or 
their  tenants  may  fish  or  hunt  upon  the  lands  of  which  he  or 
they  are  the  bona  fide  owner,  owners  or  tenants,  during  the 
respective  seasons  of  the  year  when  it  shall  be  lawful  so 
to  do,  without  procuring  such  license:  Provided,  further, 
That  any  person  may  fish  in  the  county  in  which  he  resides 
or  in  any  county  adjacent  thereto  without  procuring  such 
license:  Provided,  further,  That  all  children  under  the  age 
of  eighteen,  and  the  wife  of  a  man  who  has  procured  a  license 
under  the  provisions  of  this  section  shall  be  permitted  to  fish 
only  without  securing  a  license :  and,  Provided,  further,  That 
licenses  to  hunt  in  effect  at  the  time  of  the  taking  effect  of 
this  act  shall  entitle  the  holders  of  them  to  hunt  and  fish,  the 
same  as  licenses  issued  under  this  section.  Whoever  shall 
violate  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  not  less  than  five  dollars  ($5)  nor  more  than  twenty- 
five  dollars  ($25),  and  every  day  this  section  or  any  of  its  pro- 
visions is  violated  shall  constitute  a  separate  and  distinct  of- 
fense. (Acts  1905,  p.  584,  as  amended  by  the  Acts  of  1907,  p. 
378  and  by  the  Acts  of  1913,  p.  310.  Burns',  1914,  Sec.  2529.) 

122.  Funds.  Sec.  2.  The  funds  created  by  this  act 
shall  become  a,  part  of  and  be  included  in  the  fish  and  game 
protective  and  propagation  fund,  and  said  fund  shall  be  ex- 
pended in  the  propagation,  protection  and  purchase  of  fish 
and  game  as  provided  by  law.  The  Commissioner  [superin- 
tendent] of  Fisheries  and  Game  may  employ  such  deputies 
and  other  assistants  as  may  be  necessary  to  render  effective 
this  and  all  other  acts  pertaining  to  fish,  game,  fur  bearing  ani- 


m 

mals  or  wild  birds  that  are  now  or  may  hereafter  be  in  force.1 
(Acts  1913,  p.  310.    Burns',  1914,  Sec.  2529a.) 

123.  Hunting  and  Fishing,  Soldiers  and  Sailors.     Section 
1.     That  any  honorably  discharged  soldier,  sailor  or  marine 
of  the  United  States  who  shall  have  served  in  the  civil  war 
shall  be  entitled  to  fish  or  hunt  during  any  open  season  for 
fish  or  game  in  the  State  of  Indiana  without  procuring  a  li- 
cense as  required  by  law.     (Acts  1915,  p.  99.     Burns',  1918 
S.,  Sec.  2529a.) 

124.  Carrying    Game    Outside    of    State.     Sec.    610.     It 
shall  be  unlawful  for  any  railroad  company,  express  company, 
or  other  common  carrier,  or  other  pers6n,  to  transport,  take  or 
carry  or  receive  for  the  purpose  of  transporting,  taking  or 
carrying  beyond  the  limits  of  this  state,  any  wild  deer,  buck, 
doe  or  fawn,  any  quail,  wild  duck,  brant,  wild  goose,  or  other 
waterfowl,   ruffed  grouse,  pinnated  grouse,  prairie  chicken, 
woodcock,  wild  turkey,  or  any  pheasant  of  any  kind  or  species 
(except  as  provided  in  the  next  section).     Any  railroad  com- 
pany, express  company  or  other  common  carrier,  or  other  per- 
son violating  any  of  the  provisions  of  this  section  shall,  on 
conviction,  be  fined  one  hundred  dollars  ($100)  for  each  such 
wild  deer,  buck,  doe  or  fawn  transported,  taken  or  carried  or 
received  for  the  puipose  of  transportation,  taking  or  carrying 
beyond  the  limits  of  this  state;  fifty  dollars  ($50)   for  each 
pheasant  of  any  kind  or  species,  or  wild  turkeys  so  -trans- 
ported, taken  or  carried  beyond  the  limits  of  this  state,  and 
ten  dollars  ($10)  for  each  quail,  wild  duck,  brant,  wild  goose, 
or  other  wild  waterfowl,  ruffed  grouse,  pinnated  grouse,  prairie 
chicken  or  woodcock  transported,  taken  or  carried  or  received 
for  the  purpose  of  being  transported,  taken  or  carried  beyond 
the  limits  of  this  state.     (Acts  1905,  p.  584.    Bums',  1914,  Sec. 
2530.) 

125.  Non-resident  License.     Sec.  611.     It  shall  be  unlaw- 
ful for  any  person  who  is  a  non-resident  of  the  State  of  In- 
diana to  hunt  any  of  the  wild  animals,  fowls  or  birds  that 
are  protected  by  law  during  any  part  of  the  year,  without 
first  procuring  a  license  so  to  do,  and  then  only  during  the 
respective  seasons  of  the  year  when  it  shall  be  lawful  so  to 
do.     Such  license  shall  be  procured'  in  the  following  manner, 

1  With  the  approval  of  the  director  of  the  Conservation  Commission. 


59 

to  wit:  The  applicant  shall  fill  out  a  blank  application,  to  be 
furnished  by  the  clerk  of  the  circuit  court  of  any  county  in 
the  state,  setting  forth  the  name,  place  of  residence,  occupa- 
tion, age,  height,  weight,  complexion,  color  of  hair,  color  of 
eyes,  and  any  distinctive  mark  or  marks  of  the  applicant, 
which  application  shall  be  sworn  to  before  some  person 
authorized  to  administer  oaths  in  the  State  of  Indiana,  or  the 
state  in  which  the  applicant  resides.  Upon  the  presentation 
of  such  application,  together  with  a  photograph  of  the  appli- 
cant, to  the  clerk  of  the  circuit  court  of  any  county  in  this 
state,  such  clerk  shall  issue  to  applicant  a  license  to  hunt  any- 
where in  the  State  of  Indiana.  Such  license  shall  have  at- 
tached thereto  the  said  photograph  of  the  licensee,  shall  be 
good  for  one  year  from  date  of  issue,  and  shall  be  substantially 
in  the  following  form,  to  wit: 

State  of  Indiana,  County  of ss : 

This  certifies  that ,  a  resident  of 

county,  State  of ,  has  this 

day  complied  with  the  law  authorizing  the  issuance  of  hunt- 
ing licenses  to  non-residents  of  the  State  of  Indiana,  and  is 
hereby  authorized  to  hunt  anywhere  in  the  State  of  Indiana 
for  the  period  of  one  year  from  this  date. . 

Description  of  licensee :    Age, years ;  height, 

feet inches ;  weight, pounds ; 

complexion, ;  color  of  hair, ;  color 

of  eyes, ;  distinctive  mark  or  marks, 

Witness  the  signature  of  the  clerk  of  said  county  and  the 

seal  of  the  circuit  court  of  said  county  this  the day 

of  .  ,19.. 


Clerk  of County  Circuit  Court. 

Before  the  issuance  of  any  such  license  the  applicant  shall 
pay  to  such  clerk  the  sum  of  fifteen  dollars  and  fifty  cents, 
($15.50),  fifteen  dollars  of  which  shall  be  paid  by  said  clerk  to 
the  Treasurer  of  State  as  a  part  of  the  fish  and  game  protective 
fund,  as  hereinafter  provided,  and  fifty  cents  of  which  shall 
be  reserved  by  the  said  clerk  and  disposed  of  as  other  fees 
of  his  office  are  disposed  of.  Any  licensee  under  the  provi- 
sions of  this  section  is  hereby  authorized  to  kill  and  remove 
from  this  state  not  to  Exceed  fifteen  game  birds  of  all  kinds 
each  day  that  he  hunts  in  this  state,  which  shall  be  carried 


60 

openly  for  inspection  together  with  his  license:  Provided, 
That  any  licensee  under  this  section  who  has  hunted  three  days 
or  more  in  succession  may  take  beyond  the  limits  of  this  state 
a  total  of  not  to  exceed  forty-five  game  birds  of  all  kinds  killed 
by  himself  during  such  hunt.  Whoever  shall  violate  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  not  less 
than  twenty-five  dollars  ($25)  nor  more  than  one  hundred  dol- 
lars ($100),  to  which  may  be  added  imprisonment  in  the 
county  jail  for  any  period  not  less  than  thirty  days  nor  more 
than  sixty  days.  (Acts  1905,  p.  584,  as  amended  by  Acts  1907, 
p.  378.  Burns',  1914,  Sec.  2531.) 

126.  Seines,  Traps  or  Spears  in  Possession.  Sec.  613. 
Whoever  has  in  his  possession  any  seine,  dip  net,  gill  net,  pond 
net,  or  other  kind  of  net,  spear,  gig  or  trap,  or  any  part 
thereof,  except  as  otherwise  provided  in  this  section,  shall, 
on  conviction,  be  fined  not  less  than  five  dollars  ($5)  nor  more 
than  two  hundred  dollars  ($200)  for  each  offense,  to  which 
may  be  added  imprisonment  in  the  county  jail  for  any  deter- 
minate period,  and  every  day's  possession  of  such  articles,  or 
any  of  them,  shall  constitute  a  separate  and  distinct  offense 
under  this  section :  Provided,  This  section  shall  not  apply  to 
persons  who  have  in  their  possession  nets,  seines,  traps  or 
other  fishing  tackle  for  the  purpose  of  taking  fish  from  Lake 
Michigan,  the  Ohio  river,  or  the  Wabash  river  in  so  far  as  it  is 
the  boundary  line  between  the  States  of  Indiana  and  Illinois, 
except  that  persons  having  such  nets,  seines  and  other  devices 
for  use  in  any  of  the  said  waters,  shall  keep  the  same  within 
two  miles  of  such  waters:  Provided,  also,  That  this  section 
shall  not  apply  to  owners  of  private  ponds  who  keep  a  seine 
for  use  only  in  such  ponds :  Provided,  also,  That  this  section 
shall  not  apply  to  minnow  traps  or  minnow  seines  not  more 
than  twelve  feet  long,  four  feet  deep,  and  the  meshes  of  which 
shall  not  be  larger  than  one-fourth  of  an  inch.  (Acts  1905, 
p.  584.  Burns',  1914,  Sec.  2532.) 

Legislative  power  to  exempt  streams  from  the  operation  of  the  fish  laws.  Gentile  v. 
State,  29  Ind.  409  ;  Stuttsman  v.  State,  57  Ind.  119. 

Power  of  legislature  to  make  it  a  crime  to  have  articles  in  possession  for  catching 
fish.  State  v.  Lewis,  134  Ind.  250,  33  N.  E.  1024  ;  Lewis  v.  State,  148  Ind.  346,  47  N.  E. 
675. 

Jurisdiction  of  justices  of  the  peace  in  prosecutions  under  a  section  of  this  character. 
Pritchett  v.  Cox,  154  Ind.  108,  56  N.  E.  20. 

As  to  the  sufficiency  of  a  charge  for  unlawfully  taking  fish  with  a  spear.  Stuttsman 
v.  State,  57  Ind.  119. 


61 

127.  Seizure.    Sec.  2.     It  shall  be  the  duty  of  the  Com- 
missioner [Superintendent]   of  Fisheries  and  Game  and  his 
deputies  to  seize  and  destroy  any  seine  more  than  twelve  (12) 
feet  long  and  four  (4)  feet  wide,  dip  net,  gill  net,  set  net, 
trammel  net,  pond  net,  cast  net  or  other  kind  of  net,  trap  or 
spear,  and  for  each  seine  more  than  twelve  (12)  feet  long  and 
four  (4)   feet  wide,  dip  net,  gill  net,  set  net,  trammel  net, 
pond  net,  cast  net,  or  other  kind  of  net  or  trap,  the  officers 
so  seizing  and  destroying  the  same  shall  be  paid  out  of  the 
county  treasury  of  the  county,  where  the  same  is  seized  and 
destroyed  the  sum  of  five  dollars  ($5),  and  for  each  spear  or 
gig  so  seized  and  destroyed  such  officer  shall  in  like  manner 
be  paid  the  sum  of  one  dollar  ($1)  :     Provided,  That  no  such 
sums  shall  be  paid  to  such  officer  unless  the  owner  or  the  per- 
son in  whose  possession  such  article  or  articles  are  found  shall 
have  been  convicted  and  fined  for  using  or  having  such  article 
or  articles  in  possession.     (Acts  1907,  p.  501.     Burns',  1914, 
Sec.  2533.) 

128.  State  Breeding  Grounds.    Section  1.    It  shall  be  the 
duty  of  the  Commissioner  [Superintendent]  of  Fisheries  and 
Game,  in  each  of  the  lakes  in  this  state  having  shallows  and 
bays  in  which  fish  make  their  beds  and  hatch  their  young, 
to  set  apart  such  shallows  and  bays  and  designate  them  as 
breeding  grounds  by  means  of  appropriate  signs  bearing  the 
words,   "State  Breeding   Ground."     Any  person  who   shall 
knowingly,  in  any  manner,  take,  catch  or  kill,  or  pursue  for 
the  purpose  of  taking,  catching  or  killing,  any  fish  whatever 
from  any  such  breeding  ground  or  grounds,  after  the  same 
shall  have  been  set  apart  and  designated  as  hereinbefore  set 
out,  at  any  time  between  the  twentieth  day  of  March  and  the 
first  day  of  July  of  any  year,  shall  be  fined  not  less  than 
five  dollars  ($5)  nor  more  than  twenty-five  dollars  ($25)  for 
each  fish  so  taken,  caught,  killed  or  pursued:    Provided,  That 
this  section  shall  not  be  construed  to  prohibit  the  removal  of 
marl  from  the  waters  of  this  state  for  manufacturing  purposes. 
(Acts  1913,  p.  36&.     Burns',  1914,  Sec.  2533a.) 

129.  Prohibited    Fishing    Devices.     Sec.    2.      Whoever 
fishes  in  any  of  the  waters  of  this  state  with  any  trot  line  or 
set  line  of  any  kind  having  any  hook  or  hooks  thereon  smaller 
than  five-sixteenths   (5/16)   of  an  inch  from  point  of  hook 
to  the  shank,  or  with  any  line  and  hook  of  any  kind  attached 


62 

to  any  bottle,  or  to  any  floating  device  whatever,  when  more 
than  fifteen  such  bottles  or  floating  devices  are  used,  shall, 
on  conviction,  be  fined  not  less  than  five  dollars  ($5.00)  nor 
more  than  fifty  dollars  ($50.00)  for  each  offense:  Provided, 
That  the  provisions  of  this  section  shall  not  apply  to  the  Ohio 
river,  Lake  Michigan,  nor  the  Wabash  river  so  far  as  it  is  the 
boundary  line  between  the  States  of  Indiana  and  Illinois. 
(Acts  1913,  p.  368,  as  amended  by  Acts  1915,  p.  32,  as 
amended  by  Acts  1919,  p.  728.  Burns',  1918  S.,  Sec.  2533b.) 

130.  Carrying  Fish  Out  of  State.  Sec.  6.  It  shall  be  un- 
lawful for  any  railroad  company,  express  company,  or  other 
common  carrier  to  transport,  take  or  carry  or  receive  for  the 
purpose  of  transporting,  taking,  or  carrying  beyond  the  limits 
of  this  state  any  pike,  pickerel,  wall-eyed  pike,  perch,  blue-gill, 
black  bass,  green  bass,  rock  bass  or  other  species  of  bass,  and 
it  shall  be  unlawful  for  any  person  or  persons  to  deliver  or 
offer  to  deliver  to  any  railroad  company,  express  company  or 
other  common  carrier,  any  of  said  species  of  fish  for  the  pur- 
pose of  transporting,  taking,  or  carrying  the  same  beyond 
the  limits  of  this  state:  Provided,  That  none  of  the  provi- 
sions of  this  section  shall  prevent  any  common  carrier  from 
transporting  fish  which  have  been  taken  from  private  ponds, 
nor  to  prevent  any  person  other  than  a  common  carrier,  from 
personally  taking  a  total  of  not  to  exceed  twenty-four  (24) 
of  the  said  species,  caught  by  himself,  beyond  the  limits  of 
this  said  state,  which  said  fish  shall  be  carried  by  such  per- 
son openly  for  inspection  by  any  officer  of  the  Indiana  Fish 
and  Game  Commission .-1  Provided,  further,  That  before 
any  common  carrier  shall  transport  any  fish  from  private 
ponds,  the  owner  of  said  ponds  shall  present  an  affidavit  stat- 
ing that  said  fish  were  taken  from  said  private  ponds.  The 
words  "private  ponds/'  as  used  in  this  act,  shall  be  construed 
to  mean  and  include  any  body  of  water  not  greater  than 
twenty  acres  in  area,  .lying  wholly  within  or  upon  the  land 
of  any  landowners.  Whoever  shall  violate  any  of  the  pro- 
visions of  this  section  shall,  upon  conviction  thereof,  be  fined 
ten  dollars  ($10)  for  each  fish  transported,  taken  or  carried,  or 
received  for  the  purpose  of  transporting,  taking  or  carrying, 
or  delivered  or  offered  for  delivery,  for  the  purpose  of  trans- 
porting, taking  or  carrying  beyond  the  limits  of  this  state. 
(Acts  1913,  p.  368.  Burns',  1914,  Sec.  2533c.) 

1  Fish  and  game  division  or  Conservation  Commission  or  director. 


63 

• 

131.  Fish  Trap  Prohibited.     Sec.  614.     Any  person  who 
shall  construct  any  fish  trap  or  other  device  for  catching 
fish,  or  shall  shoot,  spear,  gig,  or  in  any  manner  take  or  kill 
any  fish  within  one  thousand  feet  of  any  fish  ladder  can- 
structed  on  any  dam  in  the  State  of  Indiana,  save  and  ex- 
cept by  hook  and  line,  shall,  on  conviction,  be  fined  not  less 
than  twenty-five  dollars  ($25)  nor  more  than  seventy-five  dol- 
lars ($75),  and  the  township  trustee  shall,  or  any  other  person 
may,  destroy  any  fish  trap  or  other  device  for  catching  fish 
found  within  one  thousand  feet  of  any  such  fish  ladder.1  (Acts 
1905,  p.  584.    Burns',  1914,  Sec.  2534.) 

132.  Sale  of  Fish  Prohibited.     Sec.  615.     Whoever  shall 
sell  or  offer  for  sale  any  pike,  pickerel,  wall-eyed  pike,  perch, 
blue-gills,  black  bass,  green  bass,  rock  bass,  or  other  species 
of  bass  caught  in  any  of  the  waters  of  this  state,  at  any  time, 
shall,  on  conviction,  be  fined  five  dollars  ($5.00)  for  each  fish 
caught,  sold  or  offered  for  sale,  and  proof  that  any  of  the 
varieties  of  fish  mentioned  in  this  section  were  sold  or  of- 
fered for  sale  shall  be  considered  prima  facie  evidence  that 
said  fish  were  caught  in  the  waters  of  this  state.     (Acts 
1905,  p.  584,  as  amended  by  Acts  1907,  p.  86.     Burns',  1914, 
Sec.  2535.) 

133.  Protection  and   Propagation   of  Trout.     Section   1. 
The  Commissioner  [Superintendent]  of  Fisheries  and  Game 
may,  on  his  own  initiative,  and  shall,  on  petition  of  any.  in- 
terested person  or  persons,  as  hereafter  provided,  prohibit 
all  .fishing  for  a  period  of  three    (3)    years,  in  any  river, 
stream,  lake,  watercourse  or  other  body  of  water,  or  any  part 
or  parts  thereof,  which  abounds  with  trout  or  which  may  be 
planted  or  stocked  with  trout  spawn  or  eggs.     Any  person  or 
persons  who  may  desire  to  have  any  river,   stream,   lake, 
watercourse  or  other  body  of  water,  or  any  part  or  parts 
thereof,  closed  against  fishing,  for  the  purpose  of  planting 
or  stocking  the  same  with  trout  or  protecting  the  trout  which 
already  abound  therein,  may  file  a  petition  for  that  purpose 
with  the  Commissioner   [Superintendent]    of  Fisheries  and 
Game.     Such  petition  shall  set  forth  the  name  of  the  peti- 
tioner or  petitioners ;  a  description  and  general  location  of  the 
river,  stream,  lake,  watercourse  or  other  body  of  water,  or  the 
portion  or  portions  thereof  which  they  desire  enclosed;  the 

1  For  regulations  as  to  fish  traps,  see  Sections  170-177. 


64 

• 

purpose  for  which  such  enclosure  is  to  be  used;  the  relative 
abundance  of  trout  in  such  waters;  whether  or  not  such 
waters  have  been  stocked  or  planted  with  trout  or  the  fry, 
spawn  or  eggs  thereof ;  the  general  suitability  of  the  proposed 
enclosure  as  a  breeding  ground  for  a  habitat  of  trout.  Such 
petition  shall  be  verified  and  shall  be  signed  by  at  least  ten 
(10)  freeholders,  in  addition  to  the  petitioner  or  petitioners, 
who  are  legal  residents  of  the  township  or  townships  through 
which  such  stream,  river,  or  watercourse  flows,  or  in  which 
such  lake  or  other  body  of  water,  or  the  portion  or  portions 
to  be  enclosed  is  situated.  Such  attesting  witnesses  shall  be 
familiar  with  the  location  and  character  of  the  river,  stream, 
lake,  watercourse  or  other  body  of  water,  or  such  portion 
or  portions  thereof  as  are  designed  to  be  enclosed  and  utilized 
as  a  breeding  ground;  the  nature  and  abundance  of  trout 
therein;  and  the  suitability  of  such  stream  as  a  practicable 
breeding  ground.  If  the  commissioner  [superintendent]  is 
satisfied  that  such  petition  is  executed  in  good  faith ;  that  the 
proposed  breeding  grounds  described  in  such  petition  are  suit- 
able for  the  propagation  of  trout ;  and  that  the  closure  of  such 
proposed  breeding  grounds  is  desirable  or  necessary  for  the 
protection  and  propagation  of  trout,  the  commissioner  [super- 
intendent] or  one  of  his  authorized  deputies  shall  designate  the 
general  extent,  limits  ancf  periphery  of  such  breeding  grounds 
by  appropriate  and  substantial  markers,  and  shall  establish  an 
appropriate  and  durable  sign  bearing  the  words,  "State  Breed- 
ing Grounds,"  in  conspicuous  letters,  and  the  date  on  which 
the  closure  of  such  breeding  ground  will  expire,  which  shall  be 
not  less  than  three  (3)  years  from  the  date  on  which  such  en- 
closure was  established.  The  commissioner  [superintendent] 
or  his  authorized  deputies  shall  visit  such  breeding  grounds 
periodically  to  see  that  the  markers  are  in  serviceable  condi- 
tion and  that  the  law  is  being  complied  with.  The  sign  bear- 
ing the  words,  "State  Breeding  Ground,"  shall  be  designed  and 
provided  by  the  Commissioner  [Superintendent]  of  Fisheries 
and  game  and  the  inspection  and  supervision  of  such  breeding 
grounds  shall  be  performed  by  the  Commissioner  [Superin- 
tendent] of  Fisheries  and  Game  as  a  part  of  his  regular  duties. 
(Acts  1917,  p.  102.  Burns',  1918  S.,  Sec.  2535c.) 

134.     Closed  Season.     Sec.  2.    It  shall  be  unlawful  for  any 
person  to  take,  catch  or  kill,  or  attempt  to  take,  catch  or  kill 


65 

any  trout  in  any  of  the  waters  of  this  state  at  any  time  from 
the  first  day  of  SeptemLer,  of  any  year  to  the  first  day  of 
April  of  the  following  year.  Whoever  shall  violate  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  less  than  five  dollars  ($5)  nor  more  than  ten  dollars 
($10)  for  each  trout  so  taken,  caught  or  killed.  (Acts  1917, 
p.  102.  Burns',  1918  S.,  Sec.  2535d.) 

135.  Size  of  Trout  Taken.     Sec.  3.    It  shall  be  unlawful 
for  any  person,  knowingly  or  intentionally,  to  take,  catch  or 
kill  in  any  of  the  waters  of  this  state  or  to  have  in  his  pos- 
session at  any  time  any  trout  less  than  seven  (7)  inches  in 
length.     In  case  any  such  trout  is  taken  or  caught,  the  per- 
son taking  or  catching  it  shall  immediately  return  it  to  the 
waters  from  which  it  was  taken  without  unnecessary  injury. 
Any  person  who  shall  violate  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  in  any  s*um  not  less  than  five 
dollars  ($5)  nor  more  than  ten  dollars  ($10)  for  each  trout 
so  taken,   caught,  killed  or  possessed   less   than  seven    (7) 
inches  in  length.     (Acts  1917,  p.  102.     Burns',  1918  S.,  Sec. 
2535e.) 

136.  Day's  Catch.     Sec.  4.    It  shall  be  unlawful  for  any 
person  to  take,  catch,  kill  or  have  in  his  possession  more  than 
twenty  (20)  trout  in  any  one  day.     Whoever  shall  violate  any 
of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  less  than  five  dollars   ($5)   nor  more  than  twenty- 
five  dollars  ($25)  for  each  trout  so  taken,  caught,  killed  or 
possessed  in  excess  of  the  number  prescribed  in  this  section. 
(Acts  1917,  p.  102.     Burns',  1918  S.,  Sec.  2535f.) 

137.  Trout    Fishing.     Sec.  5.     Except  as  otherwise  pro- 
vided in  this  act,  it  shall  be  unlawful  for  any  person  to  take, 
catch  or  kill  or  attempt  to  take,  catch  or  kill  any  trout  in  any 
of  the  waters  of  this  state  in  any  manner  or  by  any  other 
means  than  by  the  use  of  hook  and  line,  equipped  with  artifi- 
cial bait  or  any  form  of  natural  bait,  not  otherwise  prohibited 
by  law,  except  trout,  fry  or  trout  minnows.    It  shall  be  un- 
lawful for  any  person  to  take,  catch,  or  capture  or  attempt 
to  take,  catch  or  capture  any  minnows  of  any  variety  within 

5—16367 


66 

the  limits  of  any  state  breeding  ground  established  for  the 
breeding  and  propagation  of  trout.  Any  person  who  shall 
violate  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined 
in  any  sum  not  less  than  five  dollars  ($5)  nor  more  than  ten 
dollars  ($10)  for  each  separate  offense.  (Acts  1917,  p.  102. 
Burns',  1918  S.,  Sec.  2535g.) 

138.  Trout  Defined.     Sec.  6.     The  term  "trout"  as  used 
in  this  act  shall  be  construed  to  include  all  varieties  of  the 
salmonidae  found  in  inland  waters,  comprising  salmon  trout, 
steel-head  trout,  mountain  trout,  rainbow  trout,  speckled  trout 
and  brook  trout.     None  of  the  provisions  of  this  act  shall 
apply  to  the  Ohio  river,  to  Lake  Michigan  or  to  the  Wabash 
river  so  far  as  it  is  the  boundary  line  between  the  states  of 
Indiana  and  Illinois.     (Acts  1917,  p.  102.     Burns',  1918  S., 
Sec.  2535h.) 

139.  Fishing  Through  Ice.     Section  1.     That  it  shall  be 
unlawful  to  take,  catch  or  kill,  or  attempt  to  take,  catch  or 
kill,  any  fish  in  the  waters  of  any  fresh  water  lakes  in  the 
State  of  Indiana  having  a  water  area  of  not  more  than  two 
and  one-half  square  miles,  and  not  less  than  two  square  miles, 
as  shown  by  the  twenty-fifth  annual  report  of  the  Depart- 
ment of  Geology  and  Natural  Resources  of  the  State  of  In- 
diana, for  the  year  of  1900,  when  the  waters  of  such  lakes  are 
covered  in  whole  or  in  part  with   ice.     (Acts   1907,  p.   53. 
Burns',  1914,  Sec.  2537.) 

140.  Penalty.     Sec.  2.     Whoever  shall  violate  any  of  the 
provisions  of  this  act  shall  be  fined  in  any  sum  not  exceeding 
five  dollars  ($5)  for  each  and  every  attempt  to  so  take,  catch  or 
kill  any  fish,  and  not  less  than  five  dollars  ($5)  nor  more  than 
twenty-five  dollars   ($25)   for  each  fish  so  taken,  caught  or 
killed  from  the  waters  of  such  lakes.      (Acts  1907,  p.   53. 
Burns',  1914,  Sec.  2538.) 

141.  Shooting   Fish.     Sec.    617.     Whoever   at   any   time 
shoots  or  shoots  at  any  fish  of  any  kind  in  any  of  the  waters 
of  this  state,  shall,  on  conviction,  be  fined  not  less  than  five 
dollars  ($5)  nor  more  than  fifty  dollars  ($50)  for  each  offense, 
to  which  may  be  added  imprisonment  in  the  county  jail  not 
exceeding  thirty  days.     (Acts  1905,  p.  584.    Burns',  1914,  Sec. 
2539.) 


67 

142.  Catching   of  Fish  Regulated.     Sec.   619.     Whoever 
shall  take,  catch  or  kill,  or  attempt  to  take,  catch  or  kill  any 
fish  in  any  of  the  waters  of  this  state  by  means  of  any  gig, 
spear,  seine,  net,  or  trap  of  any  kind,  except  as  otherwise 
provided  in  this  section;  or  whoever  shall  kill  or  destroy,  or 
attempt  to  kill  or  destroy  any  fish  by  the  use  of  Indian  cockle, 
fish  berries  or  other  substances  which  have  a  tendency  to 
stupefy  or  poison  fish,  shall,  on  conviction,  be  fined  not  less 
than  ten  dollars  ($10)  nor  more  than  twenty  dollars  ($20),  to 
which  may  be  added  imprisonment  in  the  county  jail  ^for  any 
period  not  to  exceed  thirty  days,  and  for  a  second  or -subse- 
quent offense  he  shall  be  fined  not  less  than  fifty  dollars  ($50) 
nor  more  than  two  hundred  dollars  ($200),  to  which  may  be 
added  imprisonment  in  the  county  jail  for  any  period  not  to 
exceed  sixty  days :    Provided,  That  the  provisions  of  this  sec- 
tion as  to  the  use  of  a  gig,  spear,  seine,  net  or  trap  of  any 
kind  shall  not  apply  to  the  waters  of  Lake  Michigan,  private 
ponds,  the  Ohio  river,  or  the  Wabash  river  so  far  as  it  is  the 
boundary  line  between  the  States  of  Indiana  and  Illinois ;  but 
in  such  case,  it  shall,  nevertheless,  be  unlawful  to  use  any  net, 
seine  or  trap  in  the  Ohio  river  or  Wabash  river  so  far  as  the 
same  is  the  boundary  line  between  the  States  of  Indiana  and 
Illinois,  within  one  hundred  yards  of  the  mouth  of  any  stream 
emptying  into  said  rivers  from  the  Indiana  side;  nor  to  per- 
sons catching  minnows  for  bait  with  a  minnow  trap  or  min- 
now seine,  which  seine  shall  not  be  more  than  twelve  feet  long, 
four  feet  deep,  and  the  meshes  of  which  shall  not  be  larger 
than  one-fourth  of  an  inch.     (Acts  1905,  p.  584.    Burns',  1914, 
Sec.  2541.) 

The  legislature  may  exempt  certain  streams  in  the  state  from  the  operation  of  the 
fish  laws.  Gentile  v.  State,  29  Ind.  409  ;  Stuttsman  v.  State,  57  Ind.  119. 

Legislative  power  as  to  regulating  the  time  and  manner  of  catching  fish.  Gustavel 
v.  State,  153  Ind.  613,  54  N.  E.  123. 

Sufficiency  of  a  charge  for  unlawfully  taking  fish  with  a  spear.  Stuttsman  v.  State, 
57  Ind.  119. 

143.  Sizes  of  Fish  that  May  Be  Taken.     Sec.  620.     No 
pickerel  or  pike  perch,  commonly  called  wall-eyed  pike,  less 
than  twelve  inches  "in  length,  or  rock  bass,  or  crappie,  less 
than  six  inches  in  length,  or  black  bass  less  than  ten  inches 
in  length,  shall  be  intentionally  taken  from  the  waters  of  this 
state,  or  possessed,  and  in  case  any  such  fish  is  taken  the  per- 
son taking  it  shall  immediately  return  it  to  the  waters  from 
which  it  was  taken  without  unnecessary  injury.     Any  per- 


68 

son  violating  the  provisions  of  this  section  shall,  on  conviction, 
be  fined  not  exceeding  ten  dollars  ($10).  (Acts  1905,  p.  584. 
Burns',  1914,  Sec.  2542.) 

144.  Protection  of  Fish  in  Lake  Michigan.     Section  1. 
All  fish  of  whatever  kind  found  in  the  waters  of  Lake  Michi- 
gan, within  the  jurisdiction  of  the  State  of  Indiana,  shall  be, 
and  are  hereby  declared  to  be  the  property  of  the  State  of 
Indiana,  and  shall  be  taken,  transferred,  sold  and  possessed 
only  in  accordance  with  the  provisions  of  this  act,  or  any 
other  provisions  of  the  laws  of  this  state  relating  thereto. 
(Acts  1917,  p.  94.     Burns',  1918  S.,  Sec.  2542a.) 

145.  Nets.     Sec.  2.     It  shall  be  unlawful  for  any  person 
to  use  in  the  waters  of  Lake  Michigan  and  the  bays  and 
harbors  thereof,  within  the  jurisdiction  of  this  state,  any 
pound  or  trap  net,  gill  net,  seine,  or  any  fixed,  set  or  movable 
net  of  any  kind  or  description  whatever,  the  meshes  of  which 
are  different  than  prescribed  by  this  section  as  follows:    Gill 
nets  with  meshes  of  not  less  than  four  (4)  inches  may  be  used 
for  the  taking  of  whitefish  and  trout ;  gill  nets  with  meshes  of 
two  and  one-fourth   (21/4)   inches  may  be  used  for  the  pur- 
pose of  taking  perch,  herring  and  other  rough  fish  wherever 
and  whenever  they  will  not  take  more  than  fifteen  per  cent. 
(15%)  of  immature  whitefish  and  lake  trout,  such  percentage 
to  be  determined  by  the  state  Commissioner  [Superintendent] 
of  Fisheries  and  Game  by  inspection  of  the  fish  taken  in  such 
nets  by  lifts  made  on  same  grounds,  for  a  period  of  six  (6) 
days   in   succession:      Provided,    That   uninjured   immature 
fish  shall  be  returned  to  the  water.    Said  state  Commissioner 
[Superintendent]    of   Fisheries  and   Game   is  hereby  given 
authority  to  remove  or  cause  the  removal  from  said  waters  of 
such  nets  whenever  and  wherever  from  the  inspection  herein 
provided  he.  shall  determine  that  such  nets  are  taking  more 
immature  whitefish  or  trout  than  allowed  by  the  provisions 
of  this  section.     Gill  nets  with  meshes  of  not  less  than  one 
and  one-half  (1%)  inches  nor  more  than  two  (2)  inches  may 
be  used  for  the  purpose  of  taking  bait  for  hook  and  line  fish- 
ing when  and  where  such  nets  will  not  take  immature  fish. 
Gill  nets  with  meshes  of  not  less  than  two  and  one-half  (21/2) 
inches  may  be  used  for  the  purpose  of  taking  chubs.     Pound 
nets  with  the  pot,  crib  or  pocket  being  that  part  of  the  net  in 
which  fish  are  finally  captured,  having  meshes  of  not  less  than 


69 

two  and  one-half  (21/2)  inches  in  the  bottom,  sides  and 
front,  as  found  in  use,  extension  measure,  from  center  of 
knot  to  center  of  knot  when  fully  extended,  with  back  having 
meshes  of  not  less  than  two  (2)  inches,  extension  measure, 
as  manufactured,  with  the  lead  having  meshes  of  not  less  than 
five  (5)  inches,  the  funnel  and  the  heart  having  meshes 
of  not  less  than  four  (4)  inches,  extension  measure,  as  manu- 
factured, may  be  used  for  taking  white-fish  and  trout;  pound 
nets  with  the  front,  sides  and  bottom  of  the  pot,  crib  or 
pocket,  also  that  part  of  the  funnel  inside  of  the  pot,  crib  or 
pocket  having  meshes  of  not  less  than  two  and  one-half  (21/2) 
inches,  and  the  back  two  (2)  inches,  the  funnel  inside  of  the 
pot,  crib  or  pocket  two  and  one-fourth  (21/4)  inches,  and  such 
part  of  the  funnel  outside  of  crib  or  pocket  with  the  heart 
and  lead  four  (4)  inches,  as  manufactured.  The  measure- 
ment of  the  meshes  of  gill  nets  as  prescribed  in  this  section 
shall  be  by  extension  measure  from  center  of  knot  to  center 
of  knot  when  fully  extended  as  used  for  the  purpose  of  tak- 
ing fish.  (Acts  1917,  p.  94.  Burns',  1918  S.,  Sec.  2542b.) 

146.  Legal  Nets.     Sec.  3.    All  nets  in  use  at  the  time  of 
the  passage  of  this  act,  and  which  are  legal  nets  under  the 
laws  in  force  at  that  time,  may  be  used  until  January  one 
(1),  nineteen  hundred  nineteen  (1919),  even  though  made  il- 
legal  by   the   provisions    of   this    act.     (Acts    1917,    p.    94. 
Burns',  1918  S.,  Sec.  2542c.) 

147.  Bass  and  Trout.     Sec.  4.     It  shall  be  unlawful  for 
any  person  to  take  or  catch  with  any  kind  of  a  net  in  any 
of  the  waters  mentioned  in  this  act  black  bass  of  any  kind, 
any  brook  trout,  rainbow  trout,  German  brown  trout,  Loch 
Leven  trout,  or  any  other  species  of  brook  trout,  or  to  sell 
or  offer  for  sale  or  to  have  in  possession  at  any  time  any  of 
the  said  fish  taken  with  nets.     Any  such  fish  found  in  any 
net  shall  at  once  be  returned  to  the  waters  from  which  taken 
with  as  little  harm  as  possible  to  said  fish.     (Acts  1917,  p. 
94.     Burns',  1918  S.,  Sec.  2542d.) 

148.  Identification;    Sec.  5.    It  shall  be  unlawful  for  any 
person,  firm  or  corporation  to  set  or  use  nets  in  any  of  the 
waters  mentioned  in  this  act  without  marking  the  location  of 
and  identifying  said  nets  by  attaching  to  the  buoys  of  gill 
nets  flags  at  least  three   (3)   feet  above  the  surface  of  the 
water,  said  flags  or  buoys  to  show  in  plain  figures  the  boat  li- 


70 

cense  number  of  the  person  or  corporation  using  the  nets. 
(Acts  1917,  p.  94.    Burns',  1918  S.,  Sec.  2542e.) 

149.  Fish,  Offal  or  Filth.     Sec.  6.     All  fish,  offal  or  filth 
of  any  description  whatsoever,  accruing  from  the  catching  and 
curing  of  fish  in  or  near  the  waters  mentioned  in  this  act  shall 
be  cooked  or  burned,  or  buried  ten   (10)   rods  distant  from 
the  beach  or  shore.     (Acts  1917,  p.  94.     Burns',  1918  S.,  Sec. 
2542f.) 

150.  License  Fees.     Sec.  7.     It  shall  be  the  duty  of  the 
state  Commissioner  [Superintendent]  of  Fisheries  and  Game, 
when  application  is  made  by  any  person,  firm  or  corporation 
in  accordance  with  this  act,  to  issue  the  license  provided  for 
in  this  act  upon  payment  by  the  applicant,  if  a  resident  of 
this  state,  of  the  following  fees:     For  each  sail  or  r,ow  boat 
propelled  by  means  of  a  sail,  five  dollars  ($5)  per  year;  for 
each  boat  propelled  by  steam,  gasoline,  naphtha,  electricity 
or  other  motive  power  of  less  than  five  (5)  tons,  gross  ton- 
nage, ten  dollars  ($10)  per  year;  for  each  boat  propelled  by 
steam,  gasoline,  naphtha,  electricity,  or  other  motive  power  of 
over  five  (5)  tons,  or  not  more  than  fifteen  (15)  tons,  gross 
tonnage,  ten  dollars    ($10)    per  year;  boats  of  over  fifteen 
(15)  tons,  gross  tonnage,  twenty-five  dollars  ($25)  per  year. 
If  he  desires  to  make  use  of  one  (1)  or  more  nets  of  any  kind 
for  the  purpose  of  fishing  without  a  boat  or  under  the  ice 
during  the  winter  months,  he  shall  pay  a  fee  of  one  dollar 
($1)  per  year.     If  a  non-resident  of  this  state,  he  shall  pay 
the  following  fees:     For  each  sail  or  row  boat  propelled  by 
means  of  a  sail  or  oars,  ten  dollars    ($10)    per  year.     For 
each  sail  boat  propelled  by  steam,  gasoline,  naphtha,  elec- 
tricity or  other  motive  power,  the  said  boat  being  less  than 
ten   (10)   tons,  gross  tonnage,  fifty  dollars   ($50)   per  year; 
for  each  boat  propelled  by  steam,   gasoline,  naphtha,  elec- 
tricity or  other  motive  power  or  more  than  ten   (10)   tons, 
gross  tonnage,  five  dollars  ($5)  for  each  gross  ton  per  year: 
Provided,  however,  That  no  non-resident  person,  firm  or  cor- 
poration shall  be  required  to  pay  more  than  three  hundred 
dollars   ($300)   on  any  one   (1)   boat  in  one   (1)  year;  if  he 
desires  to  fish  with  one  or  more  nets  without  the  use  of  a 
boat  or  under  the  ice  during  the  winter  months,  he  shall  pay 
the  sum  of  one  hundred  dollars  ($100)  per  year:     Provided, 
further,  That  for  the  purpose  of  this  act  computation  of  the 


71 

amount  each  person  shall  pay  for  the  use  of  boats  shall  be 
made  upon  the  gross  tonnage  of  boats  as  computed  and  reg- 
istered by  the  United  States  government  inspectors:  Pro- 
vided further,  That  for  the  purpose  of  this  act  any  corpora- 
tion in  which  less  than  seventy-five  per  cent  (75%)  of  its 
stock  is  and  has  actually  been  owned  by  bona  fide  residents  of 
this  state  for  more  than  six  (6)  months  prior  to  the  time  of 
making  application  for  license,  shall  be  considered  non-resi- 
dents. (Acts  1917,  p.  94.  Burns',  1918  S.,  Sec.  2542g.) 

151.  License.     Sec.  8.     Upon  the  payment  of  the  fee  pro- 
vided for  in  this  act,  the  state  Commissioner  [Superintend- 
ent] of  Fisheries  and  Game  shall  have  prepared  and  shall  is- 
sue to  persons,  firms  or  corporations  entitled  to  the  same, 
a  printed  or  written  license  signed  by  him,  setting  forth  the 
date  of  issuing  the  same,  to  whom  issued,  the  date  on  which 
it  will  expire,  and  the  name  of  boat,  tug,  launch,  net  or  nets 
for  which  said  license  was  issued.     (Acts  1917,  p.  94.    Burns', 
1918  S.,  Sec.  2542h.) 

152.  Record  of  Licenses,  Funds.     Sec.   9.     All  boat  li- 
censes shall  expire  on  the  first  day  of  June  following  their 
issue.     The  state   Commissioner    [Superintendent]    of  Fish- 
eries and  Game  shall  keep  a  record  of  all  applications  and 
licenses.     On  the  first  day  of  each  month,  the  state  Commis- 
sioner  [Superintendent]    of  Fisheries  and   Game  shall  pay 
over  to  the  State  Treasurer  all  moneys  received  by  him  under 
the  provisions  of  this  act,  and  said  moneys  shall  be  credited  to 
the  fund  for  the  propagation  of  fish  and  game  and  shall  be 
disbursed  by  the  auditor  for  services  of  the  state  Commis- 
sioner [Superintendent]  of  Fisheries  and  Game  and  his  depu- 
ties and  their  expenses  in  enforcing  the  laws  for  the  pro- 
tection of  fish,  and  for  the  purchase  of  patrol  boats  and  other 
apparatus  to  be  used  for  that  purpose  by  the  state  Commis- 
sioner [Superintendent]  of , Fisheries  and  Game  on  bills  sworn 
to  by  the  person  presenting  the  same,  when  certified  to  by 
the  state  Commissioner   [Superintendent]   of  Fisheries  and 
Game.      (Acts  1917,  p.  94  Burns',  1918  S.,  Sec.  2542i.) 

153.  Limitations.     Sec.   10.     Nothing  contained  in  this 
act  shall  be  deemed  as  authorizing  the  taking  of  fish  or  the 
use  of  illegal  nets,  or  of  the  setting  of  nets  at  a  place  or  places 
or  times  or  otherwise  forbidden  by  law.     (Acts  1917,  p.  94, 
Burns',  1918  S.,  Sec.  2542J.) 


72 

154.  Penalties.     Sec.  11.     Any  person,  persons,  firm  or 
corporation  violating  any  of  the  provisions  of  this  act  shall 
be   deemed   guilty   of   a  misdemeanor,    and  upon   conviction 
thereof  for  the  first  offense  before  any  court  having  jurisdic- 
tion, shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars  ($100)  and  costs  of  prosecution,  or  by  imprisonment 
in  the  county  jail  for  a  period  not  exceeding  sixty  (60)  days, 
or  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court:     Provided,    however,    That    each    violation    shall    be 
deemed  a  separate  and  distinct  offense.     (Acts  1917,  p.  94. 
Burns',  1918  S.,  Sec.  2542k.) 

155.  Number  of  Fish  that  May  Be  Taken.     Sec.  3.     No 
person  shall  catch,  kill,  or  have  in  his  possession  more  than 
fifty  bluegills,  sunfish  or  crappies  or  more  than  twelve  bass, 
in  any  one  day.     Where  two  or  more  persons  are  fishing  or 
angling  from  the  same  boat,  the  aggregate  number  of  bass 
taken,  caught,  killed,  or  possessed  by  the  occupants  of  said 
boat  shall  not  exceed  twenty:     Provided,  That  none  of  the 
provisions  of  this  section  shall  prevent  the  owner  of  private 
ponds  from  taking  fish  from  said  private  ponds  in  any  manner 
or  in  any  number.     Whoever  shall  violate  any  of  the  provi- 
sions of  this  section  shall,  on  conviction,  be  fined  not  less  than 
five  dollars  ($5)  nor  more  than  twenty-five  dollars  (£25)  for 
each  fish  so  taken  or  possessed,  in  excess  of  the  number  as  lim- 
ited in  this  section.     (Acts  1913,  p.  368.     Burns',  1914,  Sec. 
2543.) 

156.  Obstruction     of     Streams.      Sec.     622.      Whoever 
stretches  or  places  any  obstruction  other  than  a  dam  across 
any  of  the  streams  of  the  state  which  prevents  the  fish  from 
ascending  or  descending  any  such  stream  shall  be  fined  not 
less  than  ten  dollars  ($10)  nor  more  than  one  hundred  dollars 
($100) .     (Acts  1905,  p.  584.    Burns',  1914,  Sec.  2544.) 

157.  Nets     Near     Ohio     River.      Sec.     210.      Whoever 
stretches  or  places  any  net  or  other  obstruction  across  any 
creek  emptying  into  the  Ohio  river  in  this  state,  and  within 
one  mile  of  the  mouth  of  such  creek,  in  order  to  prevent  the 
ingress  of  fish  into  such  creek  from  such  river  above  such  ob- 
struction, or  their  egress  from  such  creek  into  such  river, 
shall  for  every  day  such  obstruction  is  continued  be  fined  not 
more  than  twenty  dollars  ($20)  nor  less  than  five  dollars  ($5). 
(Acts  1881,  p.  174.    Burns',  1914,  Sec.  2545.) 


73 

158.  Pollution  of  Streams.     Sec.  4.     It  shall  be  unlawful 
for  any  person,  firm  or  corporation,  to  cause,  suffer,  or  per- 
mit any  dye-stuff,  acid,  coal-tar,  oil,  logwood,  or  any  refuse 
matter  or  substance  whatever  to  be  thrown,  run  or  drained 
into  any  of  the  waters  of  this  state  in  quantities  sufficient  to 
injure  or  destroy  the  lives  of  fish  which  may  inhabit  the  same 
at  or  below  the  point  where  any  such  substance  is  discharged 
or  permitted  to  flow  into  such  waters.     Whoever  violates  any 
of  the  provisions  of  this  section  shall,  on  conviction,  be  fined 
not  less  than  fifty  dollars  ($50)  nor  more  than  one  thousand 
dollars  ($1,000)  for  each  offense,  and  each  day's  violation  of 
the  provisions  of  mis  section  shall  constitute  a  separate  of- 
fense :    Provided,  That  the  provisions  of  this  section  shall  not 
abridge  the  rights  of  owners  of  gas  or  oil  wells  to  drain  the 
waters  from  such  wells  into  the  waters  of  the  state,  as  now 
permitted  by  law.     (Acts  1913,  p.  368.     Burns',  1914,  Sec. 
2546.) 

159.  Poisoning    Fish.      Sec.    166.      Whoever   throws    or 
places  in  any  stream,  lake  or  pond,  any  lime  or  other  deleteri- 
ous substance  with  the  intent  to  injure  fish  or  any  drug,  medi- 
cated bait,  cocculus  indicus  or  fish  berries,  with  intent  thereby 
to  poison  or  catch  fish,  shall  be  fined  not  more  than  fifty  dol- 
lars ($50)  nor  less  than  ten  dollars  ($10). a     (Acts  1881,  p. 
174.    Burns',  1914,  Sec.  2547.) 

160.  Explosives    Prohibited.     Sec.    624.     Whoever    uses 
dynamite  or  other  explosives  in  any  of  the  waters  of  this 
state,  except  for  mining  or  mechanical  purposes,  by  special 
permission  of  the  Commissioner   [Superintendent]   of  Fish- 
eries and  Game,  or  his  chief  deputy,  shall,  on  conviction,  be 
fined  not  less  than  two  hundred  and  fifty  dollars  ($250),  nor 
more  than  one  thousand  dollars   ($1,000),  to  which  may  be 
added  imprisonment  in  the  county  jail  not  less  than  thirty 
days  nor  more  than  one  year ;  and  for  a  second  or  subsequent 
offense  he  shall  be  fined  five  hundred  dollars  ($500)  and  im- 
prisoned in  the  state  prison  not  less  than  one  year  nor  more 
than  three  years.      (Acts"  1905,  p.  584.     Burns',  1914,  Sec. 
2548.) 

161.  Electrocuting   Fish   and  Hand  Fishing   Prohibited. 

Sec.  5.     Whoever  shall  take,  catch,  kill,  stun  or  stupefy  any 
fish  in  any  of  the  waters  of  this  state  by  discharging  or  pass- 

1  Probably  in  force. 


74 

ing  an  electrical  current  into  or  through  the  waters  which 
constitute  the  habitat  of  such  fish;  or  whoever  shall  take, 
catch  or  kill,  any  fish  with  the  hands  unassisted  by  any  me- 
chanical device,  or  with  any  gaff  hook  or  grappling  hook  or 
similar  device  held  in  the  hands,  shall  on  conviction  be  fined 
not  less  than  ten  dollars  ($10)  nor  more  than  fifty  dollars 
($50)  for  each  fish  so  unlawfully  taken,  caught,  killed,  stunned 
or  stupefied:  Provided,  That  the  provisions  of  this  section 
shall  not  apply  to  persons  who  use  a  gaff  hook  or  similar  de- 
vice for  securing  any  fish  that  shall  at  the  time  be  hooked  on 
any  legal  hook  and  line,  nor  for  the  taking  of  carp,  garfish, 
dogfish,  or  suckers.  (Acts  1913,  p.  368.  Burns',  1914,  Sec. 
2548a.) 

162.  Private  Fish  Ponds.     Section  1.     That  it  shall  be 
unlawful  for  any  person  other  than  the  owner  or  persons 
authorized  by  him  to  take,  catch  or  attempt  to  take,  catch  or 
make  way  with  any  fish,  eels  or  other  property  in  or  about 
a  private  fish  pond,  and  any  person  found  guilty  of  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor and  shall  be  fined  in  any  sum  not  less  than  five  dol- 
lars ($5)  nor  more  than  one  hundred  dollars  ($100),  to  which 
may  be  added  imprisonment  in  the  county  jail  not  less  than 
ten  days,  nor  more  than  one  hundred  days.     (Acts  1899,  p.  26. 
Burns',  1914,  Sec.  2549.) 

163.  Killing  Fish  in  Private  Ponds.     Sec.  2.    Any  person 
other  than  the  owner  or  persons  authorized  by  him  who  shall 
kill,  or  destroy,  or  attempt  to  kill  or  destroy  any  fish,  eels, 
or  other  property  in  or  about  any  private  fish  pond  by  means 
of  dynamite,  or  other  explosive,  compounds  or  substance,  or 
by  the  use  of  Indian  cockle,  fish  berries,  or  any  other  poison- 
ous substance  shall  be  deemed  guilty  of  a  felony  and  upon 
conviction  thereof,  shall  be  imprisoned  in  the  state  prison  for 
a  period  of  one  year.     (Acts  1899,  p.  26.     Burns',  1914,  Sec. 
2550.) 

164.  Trespassing.     Sec.  625.     No  person  shall  enter  upon 
any  enclosed  land  for  the  purpose  of  setting  a  trot  line,  nor 
shall  any  person  fish  in  any  private  pond,  without  first  ob- 
taining the  consent  of  the  owner,  lessee  or  tenant  of  such 
premises.     Whoever  shall  violate  or  attempt  to  violate  the 
provisions  of  this  section  shall,  on  conviction,  be  fined  not 
less  than  five  dollars  ($5)  nor  more  than  twenty-five  dollars 


75 

($25).     (Acts  1905,  p.  584,  as  amended  by  Acts  1907,  p.  86. 
Bums',  1914,  Sec.  2551.) 

165.  Mink  and  Muskrat.     Section  1.     It  shall  be  unlaw- 
ful for  any  person  to  take,  trap,  hunt,  shoot  or  kill  any  mink1 
or  muskrat,  in  the  State  of  Indiana,  during  the  months  of 
April,  May,  June,  July,  August,  September  and  October,  of 
any  year:     Provided,  That  nothing  in  this  act  shall  prevent 
any  owner  or  occupant  of  real  estate  in  this  state,  or  the 
owner  or  manager  of  any  levee,  dyke,  dam  or  public  drain 
from  killing  any  of  said  fur-bearing  animals  when  necessary 
for    the    protection    of    their    property.     (Acts    1911,    p.    8. 
Burns',  1914,  Sec.  2551a.) 

166.  Muskrat  House.     Sec.  2.     It  shall  be  unlawful  for 
any  person  or  persons  to  injure  or  destroy  any  muskrat  house 
at  any  time  except  where  such  muskrat  house  is  an  obstruc- 
tion  to   public   or  private   ditches   or   watercourses.     (Acts 
1911,  p.  8.     Burns',  1914,  Sec.  2551b.) 

167.  Penalty.     Sec.  3.     Any  person  who  shall  violate  any 
provision  of  this  act  shall,  upon  conviction  thereof,  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of 
not  less  than  two  dollars  ($2.00)  nor  more  than  five  dollars 
($5.00)   for  each  offense.     (Acts  1911,  p.  8.     Burns',  1914, 
Sec.  2551c.) 

168.  Fee  to  Superintendent  of  Fisheries  and  Game,  Duties. 

Sec.  9."  In  all  cases  of  conviction  or  on  pleas  of  guilty  of 
violating  any  of  the  provisions  of  this  act  or  of  any  act  in 
relation  to  or  for  the  protection  of  fish,  game,  fur-bearing 
animals  or  wild  birds,  there  shall  be  taxed  against  each  de- 
fendant so  convicted,  in  favor  of  the  Commissioner  [Superin- 
tendent] of  Fisheries  and  Game,  a  fee  of  five  dollars  ($5),  as 
part  of  the  costs.  Said  fee  shall  be  promptly  paid  by  the  officer 
collecting  the  same  to  the  Commissioner  [Superintendent]  of 
Fisheries  and  Game  and  shall  become  a  part  of  the  fish  and 
game  protective  and  propagation  fund.  And  the  Commis- 
sioner [Superintendent]  of  Fisheries  and  Game  and  his  dep- 
uties are  hereby  authorized  and  empowered  to  make  arrests 
for  violations  of  the  laws  relating  to  wild  birds  and  fur-bear- 
ing animals  that  are  protected  by  law  the  same  as  they  are 

1  The  words   "raccoon,   opossum,   skunk"    were  formerly  in  this  act  at  this  place,  but 
were  repealed  by  the  Act  of  1917, 'p.  438,  Sec.  92  above. 


76 

now  empowered  to  enforce  the  laws  for  the  protection  of  fish 
and  game.     (Acts  1913,  p.  368.     Burns',  1914,  Sec.  2553a.) 

169.  Powers  of  Superintendent  Not  Abridged.   Sec.  621V2- 
Nothing  contained  in  this  act  shall  in  any  way  abridge  or  re- 
peal the  powers  conferred  on  the  Commissioner    [Superin- 
tendent] of  Fisheries  and  Game  by  the  act  creating  his  of- 
fice, but  all  the  powers  and  privileges  conferred  on  him  by 
said  act  are  hereby  reaffirmed.     (Acts  1905,  p.  584.    Burns', 
1914,  Sec.  2553.) 

170.  Fish  Ladders.     Section  1.     The  owner  or  owners  of 
any  dam  across  any  of  the  rivers,  streams  or  water  courses 
in  this  state,  when  such  dam  is  of  the  height  of  four  feet  or 
over,  shall,  within  six  months  after  the  passage  of  this  act, 
construct  and  maintain  fish  ladders  on  such  dam  sufficient  to 
allow  the  fish  belov/  such  dam  to  pass  over  such  dam  into  the 
waters  above  the  same.     Such  fish  ladders  to  be  constructed 
in  such  manner  and  of  such  material  as  shall  be  directed  by 
the  Commissioner  [Superintendent]  of  Fisheries  of  Indiana. 
(Acts  1885,  p.  51.     Burns',  1914,  Sec.  7442.) 

171.  Fish  Ladders,  Owners  Failing  to  Construct,  Town- 
ship Trustee  to  Erect.     Sec.  2.     If  the  owner  or  owners  of 
any  such  dam  shall  fail  or  refuse  to  comply  with  the  provi- 
sions of  the  first  section  of  this  act,  then  it  shall  be  the  duty 
of  the  trustee  of  the  township  in  which  such  dam  is  situated, 
notwithstanding  it  may  be  within  some  incorporated  city  or 
town,  to  proceed  to  erect  on  said  dam  such  ladders  as  will 
afford  a  passage  for  such  migrating  fish  below  over  into  the 
waters  above  such  dam,  and  the  cost  thereof  shall  be  a  debt 
due  from  the  owner  or  owners  of  such  dam  to  said  trustee, 
and  shall  be  a  first  lien  on  said  dam  and  water-power,  and  so 
much  of  the  real  estate  on  each  side  of  said  dam  as  may  be 
used  in  connection  therewith,  belonging  to  such  owners,  and 
necessary  to  a  proper  use  and  enjoyment  of  such  dam  and 
water-power,  and  if  the  owner  of  such  dam  shall  fail  or  re- 
fuse to  pay  the  amount  thereof  to  such  trustee,  on  demand, 
he  shall  sue  and  recover  the  same,  and  may  also  have  fore- 
closure of  such  lien  as  in  case  of  foreclosure  of  mortgages, 
and  the  court  shall  order  the  sale  of  such  dam,  water-power 
and  real  estate  as  other  real  property  is  sold  on  execution, 
without   relief   from   valuation   or   appraisement   laws;    and 
wherever  any  dam  is  now  located  or  may  be  constructed 


77 

across  any  river,  stream  or  water-course  forming  the  bound- 
ary line  between  two  townships,  or  between  two  counties, 
then  the  trustee  of  either  township  in  which  any  part  of  said 
dam  is  situate,  in  case  of  such  failure,  may  construct  such 
ladder  and  have  the  same  remedy  against  such  owner  or 
owners  as  is  above  provided  where  any  such  dam  is  situate 
wholly  intone  township.  (Acts  1885,  p.  51.  Burns',  1914, 
Sec.  7443.) 

172.  Fish  Ladders  on  New  Dams.     Sec.  3.     When  any 
dam  shall  hereafter  be  constructed  across  any  river,  stream 
or  water-course  in  this  state  of  the  height  specified  in  the 
first  section  of  this  act,  the  owner  or  owners  shall  construct 
on  the  same  such  fish  ladders  as  are  above  provided  for,  and 
the  duties  of  township  trustees  in  relation  thereto  shall  be 
the  same  as  are  in  this  act  above  provided,  and  they  shall  havo 
the  same  remedies  against  the  owners  thereof  on  failure  to 
comply  with  the  provisions  of  this  act.     (Acts  1885,  p.  51. 
Burns',  1914,  Sec.  7444.) 

173.  Repairs.     Sec.  4.     When  any  such  fish  ladder  shall 
get  out  of  repair,  it  shall  be  the  duty  of  such  owner  or  own- 
ers to  put  the  same  in  repair,  and  if  out  of  repair  for  thirty 
days  after  being  notified  by  such  trustee,  then  the  trustee 
shall  make  such  repairs  and  recover  the  cost  thereof  from 
such  owner  or  owners  in  the  same  manner  as  above  provided 
in   cases   of  failure   to   construct   such  fish   ladders.     (Acts 
1885,  p.  51.     Burns',  1914,  Sec.  7445.) 

174.  Penalty.     Sec.  5.     Any  person  who  shall  construct 
any  fish  trap  or  other  device  for  catching  fish,  or  shall  shoot, 
spear,  gig,  or  in  any  manner  take  or  kill  any  fish  on  or  near 
any  fish  ladder  constructed  on  any  dam  in  the  State  of  In- 
diana, save  and  except  by  hook  and  line,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
in  any  sum  not  less  than  twenty-five  dollars  ($25)  nor  more 
than  seventy-five  dollars  ($75),  and  the  township  trustee  shall, 
or  any  other  person  may,  destroy  any  fish  trap  or  other  device 
for  catching  fish,  found  on  or  near  any  such  fish  ladder.    (Acts 
1885,  p.  51.     Burns',  1914,  Sec.  7446.) 

175.  Penalty.    Section  1.    If  any  owner  of  any  such  dam 
shall  violate  or  attempt  to  violate  the  provisions  of  the  first 
section  of  the  act  to  which  this  act  is*  supplemental,1  he  shall  be 

1  The  act  referred  to  is  embraced  in  Sections  170-174  above. 


78 

deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  ten  dollars  ($10)  nor  more  than 
twenty-five  (25)  dollars.  (Acts  1903,  p.  193.  Burns',  1914, 
Sec.  7447.) 

176.  Duties  of  Superintendent.    Section  2.    It  shall  be  the 
duty  of  the  Commissioner  [Superintendent]  of  Fisheries  and 
Game,  or  his  deputy,  to  prosecute  all  violations  of  the  pro- 
visions of  this  act,  and  he  is  hereby  given  the  authority  for 
such  prosecution  as  he  has  in  the  fish  and  game  laws  of  the 
state.      (Acts  1903,  p.  193.     Burns',  1914,  Sec.  7448.) 

177.  Repairs.     Sec.  3.     When  any  such  fish  ladder  shall 
get  out  of  repair  it  shall  be  the  duty  of  such  owner  or  owners 
to  put  the  same  in  repair  within  thirty  days  after  being 
notified  by  the  Commissioner  [Superintendent]   of  Fisheries 
and  Game,  or  his  deputy.     Whosoever  shall  violate  or  at- 
tempt to  violate  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  not  less  than  ten  ($10)  dollars  nor  more  than  twenty- 
five   ($25)   dollars.1     (Acts  1903,  p.  193.     Burns',  1914,  Sec. 
7449.) 

178.  Academy  of  Science.     Sec.  2.     *     *     *     That  in  all 
cases  of  scientific  observation  he  [the  Superintendent]  shall 
require  a  permit  from  the  Indiana  Academy  of  Science.   Said 
Commissioner  [Superintendent]  shall  have  power 
to  appoint  a  deputy  or  deputies  in  any  county  of  the  state 
for  the  purpose  of  aiding  in  the  enforcement  of  such  laws. 
*     *     *     (Acts  1899,  p.  44.     Burns',  1914,  Sec.  9360.) 

179.  Chief   Deputies.     Sec.  4.     The  Commissioner    [Su- 
perintendent] of  Fisheries  and  Game  is  hereby  authorized  to 
employ  two  chief  deputies     *     *     *.      (Acts   1911,   p.   679. 
Burns',  1914,  Sec.  9366d.) 

180.  Fish  Hatching  by  United  States.     Section  1.    That, 
in  order  to  promote  fish  culture  and  the  increase  of  useful 
food  and  game  fishes  in  the  lakes  and  streams  of  the  State  of 
Indiana,  full  authority  is  granted  to  the  United  States  Com- 
missioner of  Fisheries  and  his  duly  authorized  agents  to  con- 
duct fish  hatching  and  all  operations  and  investigations  con- 
nected therewith  in  any  manner  and  at  any  time  that  may 
by  them  be  considered  necessary  and  proper,  any  fishery  or 

1  See  Section  174  above. 


79 

game   laws  of  the   state   to   the   contrary   notwithstanding. 
(Acts  1913,  p.  414.    Burns',  1914,  Sec.  9366e.) 

181.  Non-resident  Fishing  License.  Section  1.  It  shall 
be  unlawful  for  any  person  who  is  a  non-resident  of  the  State 
of  Indiana  to  fish  in  the  waters  of  this  state,  without  first 
procuring  a  license  so  to  do.  It  shall  be  the  duty  of  the  clerk 
of  the  circuit  court  of  any  county  of  this  state  to  issue  such 
license  to  any  non-resident,  upon  the  application  of  such  non- 
resident person.  Such  license  shall  contain  a  statement  of 
the  residence,  age,  weight,  height,  color  of  hair,  color  of  eyes, 
complexion,  and  distinctive  mark  or  marks  of  such  licensee, 
and  shall  be  signed  by  him  in  ink.  '  Such  license  shall  contain 
the  signature  and  seal  of  the  Commissioner  [Superintendent] 
of  Fisheries  and  Game,  or  appointee  issuing  the  same.  The 
Commissioner  [Superintendent]  of  Fisheries  and  Game  may 
issue  such  licenses  provided  for  in  this  section,  and  shall  have 
power  to  appoint  persons  to  issue  such  licenses.  Said  Com- 
missioner [Superintendent]  of  Fisheries  and  Game  shall  fur- 
nish all  necessary  blank  applications  and  licenses  to  the  said 
clerks  and  appointees,  and  said  Commissioner  [Superintend- 
ent] of  Fisheries  and  Game  shall  give  to  each  appointee  as 
herein  provided  a  certificate  showing  said  appointee  to  be 
authorized  to  issue  such  license.  Before  the  issuance  of  any 
such  license,  the  applicant  shall  pay  to  such  clerk,  Commis- 
sioner [Superintendent]  or  appointee,  the  sum  of  one  dol- 
lar. Each  clerk  and  appointee  shall  remit  fees  collected  by 
virtue  of  this  section  and  report  to  the  Commissioner  of  Fish- 
eries and  Game,  every  thirty  days,  on  the  .first  day  of  each 
month.  The  Commissioner  of  Fisheries  and  Game  shall  re- 
port and  remit  same  to  the  Auditor  of  State,  as  a  part  of 
the  fund  hereinafter  designated  "The  Fish  and  Game  Pro- 
tective and  Propagation  Fund."  1  Any  person  securing  such 
license  shall  have  the  same  in  his  possession  when  fishing  and 
shall  show  the  same  to  the  Commissioner  [Superintendent]  of 
Fisheries  and  Game  or  his  deputy  upon  request:  Provided, 
That  the  provisions  of  this  act  shall  not  apply  to  children  un- 
der the  age  of  eighteen  years  nor  to  the  wife  of  a  man  who  has 
procured  a  license  as  provided  in  this  section:  And,  Pro- 
vided further,  That  a  license  to  any  non-resident  person  to 
hunt  shall  also  entitle  such  non-resident  to  fish  without  pro- 

1  Repealed  by  Conservation  Act,  Sec.  20. 


80 

curing  the  license  as  provided  in  this  section,  upon  his  show- 
ing same  to  the  Commissioner  [Superintendent]  of  Fisheries 
and  Game  or  his  deputy.  Whoever  shall  violate  any  of  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  fined  not  less 
than  five  dollars  ($5)  nor  more  than  twenty-five  dollars  ($25), 
and  every  day  this  section  or  any  of  its  provisions  is  violated 
shall  constitute  a  separate  and  distinct  offense.  (Acts  1911, 
p.  677.  Burns',  1914,  Sec.  9366a.) 

182.  Bounty  for  Wolf  and  Fox  Scalps.     Section  1.     The 
commissioners  of  each  county  may  cause  to  be  paid  out  of 
the   county   treasury  a   sum   not   exceeding   twenty   dollars 
($20.00)  to  any  person  who  shall  exhibit  to  them  a  wolf  scalp, 
and  a  sum  not  exceeding  five  dollars   ($5.00)   to  any  person 
who  may  exhibit  to  them  a  fox  scalp:     Provided,  That  such 
person  shall  take  and  subscribe  an  oath  that  the  wolf  or  fox, 
to  which  such  scalp  belonged,  was  killed  in  the  county,  and 
that  no  reward  therefor  has  been  paid  him  out  of  such  treas- 
ury.   But  no  more  than  three  dollars  ($3.00)  shall  be  paid  for 
the  killing  of  any  wolf  under  the  age  of  six  months,  nor  more 
than  one  dollar  and  fifty  cents  for  the  killing  of  any  fox 
under  the  age  of  six  months.     (Acts  1875,  p.  178.     Burns', 
1914,  Sec.  6032.) 

183.  Bounty  for  Woodchuck,  Owl  or  Hawk.     Section  1. 
That  the  board  of  commissioners  of  each  county  may  cause 
to  be  paid  out  of  the  county  treasury  a  sum  not  exceeding 
two  dollars   ($2.00)   to  any  person  who  shall  exhibit  to  the 
auditor  of  the  county  a  woodchuck  scalp,  or  the  head  of  any 
owl  or  hawk:     Provided,  That  such  person  shall  take  and 
subscribe  an  oath  that  the  woodchuck,  owl  or  hawk,  to  which 
such  scalp  or  head  belonged,  was  killed  in  the  county,  and 
that  no  reward  therefor  has  been  paid  him  out  of  the  county 
treasury:     And,  provided  also,  That  the  provisions  of  this 
act  shall  not  apply  to  sparrow-hawks  or  screech  owls.     (Acts 
1883,  p.  190.    Burns',  1914,  Sec.  6033.) 

184.  Crows,  Bounty  for  Killing  or  for  Eggs.     Section  1. 
The  county  councils  and  boards  of  county  commissioners  of 
each  county  in  the  State  of  Indiana  may  appropriate  and 
cause  to  be  paid  out  of  the  county  treasury  a  sum  not  exceed- 
ing ten  cents  to  any  person  who  shall  deliver  to  the  auditor 


81 

of  the  county  the  head  of  any  common  crow,  and  the  fur- 
ther sum  of  five  cents  for  each  and  every  crow's  egg  so  ex- 
hibited in  lots  not  less  than  ten:  Provided,  That  such  per- 
son shall  first  take  and  subscribe  an  oath  that  the  crow  to 
which  such  head  belonged,  was  killed  in  the  county,  and  that 
such  eggs  so  produced  were  taken  from  a  crow's  nest  in  the 
county:  Provided,  That  this  act  shall  not  apply  to  hawks 
or  owls.  (Acts  1911,  p.  332.  Burns',  1914,  Sec.  6033a.) 

185.  Search  Warrants.     Sec.  56.     Justices  of  the  peace 
may  issue  warrants  to  search  any  house  or  place  for  gill  nets, 
seines,  or  for  any  implement  or  device  used  or  kept  for  use, 
for  taking  fish  unlawfully  from  any  of  the  lakes  or  streams 
of  this  state.     (Acts  1905,  p.  584.     Burns',  1914,  Sec.  1923.) 

186.  Duty  of  Township  Trustees.     Section  1.     It  shall  be 
the  duty   of  the  road  supervisors1    [township   trustees]    to 
arrest,  or  cause  to  be  arrested,  and  to  prosecute,  or  cause  to 
be  prosecuted,  any  or  all  persons  violating  any  of  the  pro- 
visions of  the  acts,  or  any  law  heretofore  or  hereafter  to 
be  enacted,  for  the  protection  of  game  and  fish.     And  said 
road  supervisors  [township  trustees]  shall  be  allowed  a  fee  .of 
five  dollars  ($5),  to  be  taxed  as  costs  against  each  person  con- 
victed of  violating  any  of  the  provisions  of  said  laws.     (Acts 
1889,  p.  449.     Burns',  1914,  Sec.  7810.) 

187.  Penalty.     Sec.  2.     Any  road  supervisor   [township 
trustee]  who  shall  fail  or  refuse  to  discharge  the  duties  of 
constables  as  aforesaid,  and  make  or  cause  to  be  made  said 
arrests,  and  prosecute  or  cause  to  be  prosecuted  all  cases  com- 
ing to  his  knowledge  of  violation  of  the  game  or  fish  laws 
of  the  state,  shall,  upon  conviction,  be  fined  in  any  sum  not 
less  than  five  ($5)  nor  more  than  twenty-five  dollars  ($25). 
(Acts  1889,  p.  449.    Burns',  1914,  Sec.  7811.) 

1  Acts  1917,  page  657 :  The  office  of  township  road  supervisor  is  hereby  abolished  and 
the  duties  now  required  of  such  supervisors  shall  hereafter  be  performed  by  the  township 
trustee. 


6—16367 


82 

Form  of  Affidavit  for  Non-resident  Hunting  or  Fishing  Without  a  License. 


The  State  of  Indiana, County,  ss: 

Before  me, a  Justice  of  the  Peace  in 

and  for  the  County  of and  State  of  Indiana, 

personally  came ,  who,  being  by  me  first 

duly  sworn,  deposes  and  says:    That  on  or  about  the day  of 

,  A.  D.  19 ,  in  the  County  and  State 

aforesaid,  one did  unlawfully,  purposely 

and  wilfully   ( 1 ) 


he,  the  said , ,  not  then  and  there  being  a 

resident  of  the  State  of  Indiana,  and  not  then  and  there  having  obtained 
a  license  to  (2)  within  the  State  of  Indiana,  contrary  to  the  statute  in 
such  case  made  and  provided*,  and  against  the  peace  and  dignity  of  the 
State  of  Indiana. 


Sworn  to  before  me  and  subscribed  in  my  presence  this. 
day  of ,  A.  D.  19 


Justice  of  the  Peace. 

(l)'With  gun  or  dog  hunt  certain  game,  describing  it,  or  take  or 
attempt  to  take,  by  fishing,  certain  fish  from  certain  waters  of  this  State, 
naming  them. 

(2)  Hunt  or  fish. 


General  Form  of  Affidavit  for  Violation  of  the  Fish  and  Game  Laws. 

The  State  of  Indiana, County,  ss: 

Before  me, a  Justice  of  the  Peace  in 

and  for  the  County  of '. and  State  of  Indiana, 

personally  came ,  who,  being  by  me  first 

duly  sworn,  deposes  and  says :    That  on  or  about  the day  of 

,  A.  D.  19 ,  in  the  County  and  State 

aforesaid,  one did  unlawfully,  purposely 

and  wilfully   (1) 


contrary  to  the  statute  in  such  case  made  and  provided,  and  against  the 
peace  and  dignity  of  the  State  of  Indiana;  and  further  affiant  saith  not. 


Sworn  to  before  me  and  subscribed  in  my  presence  this, 
day  of ,  A.  D.  19 


Justice  of  the  Peace. 
(1)  Describe  the  offense. 


PART  VI.    APPENDIX. 


MIGRATORY  BIRD  TREATY  ACT.* 

[Approved  July  3,  1918.     Public,   No.   186,  65th  Congress— S.   1553.] 

AN  ACT  To  give  effect  to  the  convention  between  the  United  States  and 
Great  Britain  for  the  protection  of  migratory  birds  concluded  at 
Washington,  August  sixteenth,  nineteen  hundred  and  sixteen,  and  for 
other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
this  Act  shall  be  known  by  the  short  title  of  the  ' 'Migratory 
Bird  Treaty  Act." 

Sec.  2.  That  unless  and  except  as  permitted  by  regula- 
tions made  as  hereinafter  provided,  it  shall  be  unlawful  to 
hunt,  take,  capture,  kill,  attempt  to  take,  capture  or  kill,  pos- 
sess, offer  for  sale,  sell,  offer  to  purchase,  purchase,  deliver 
for  shipment,  ship,  cause  to  be  shipped,  deliver  for  transporta- 
tion, transport,  cause  to  be  transported,  carry  or  cause  to  be 
carried  by  any  means  whatever,  receive  for  shipment,  trans- 
portation or  carriage,  or  export,  at  any  time  or  in  any  man- 
ner, any  migratory  bird,  included  in  the  terms  of  the  con- 
vention between  the  United  States  and  Great  Britain  for  the 
protection  of  migratory  birds  concluded  August  sixteenth, 
nineteen  hundred  and  sixteen,  or  any  part,  nest,  or  egg  of  any 
such  birds. 

Sec.  3.  That  subject  to  the  provisions  and  in  order  to 
carry  out  the  purposes  of  the  convention,  the  Secretary  of 
Agriculture  is  authorized  and  directed,  from  time  to  time, 
having  due  regard  to  the  zones  of  temperature  and  to  the 
distribution,  abundance,  economic  value,  breeding  habits,  and 
times  and  lines  of  migratory  flight  of  such  birds,  to  deter- 
mine when,  to  what  extent,  if  at  all,  and  by  what  means,  it 
is  compatible,  with  the  terms  of  the  convention  to  allow  hunt- 
ing, taking,  capture,  killing,  possession,  sale,  purchase,  ship- 
ment, transportation,  carriage,  or  export  of  any  such  bird,  or 
any  part,  nest  or  egg  thereof,  and  to  adopt  suitable  regula- 

*  To  obtain  complete  Game  Laws  and  Service  and  Regulatory  Announcements  write  to 
Bureau  of  Biological  Suryey  and  ask  for  Farmer's  Bulletin  1010  and  S.  R.  A. — B.  S.  23. 

(83) 


84 

tions  permitting  and  governing  the  same,  in  accordance  with 
such  determination,  which  regulations  shall  become  effective 
when  approved  by  the  President. 

Sec.  4.  That  it  shall  be  unlawful  to  ship,  transport,  or 
carry,  by  any  means  whatever,  from  one  state,  territory,  or 
district  to  or  through  another  state,  territory,  or  district, 
or  to  or  through  a  foreign  country,  any  bird,  or  any  part,  nest, 
or  egg  thereof,  captured,  killed,  taken,  shipped,  transported,  or 
carried  at  any  time  contrary  to  the  laws  of  the  state,  territory, 
or  district  in  which  it  was  captured,  killed,  or  taken,  or  from 
which  it  was  shipped,  transported,  or  carried.  It  shall  be 
unlawful  to  import  any  bird,  or  any  part,  nest,  or  egg  thereof, 
captured,  killed,  taken,  shipped,  transported,  or  carried  con- 
trary to  the  laws  of  any  province  of  the  Dominion  of  Canada 
in  which  the  same  was  captured,  killed,  or  taken,  or  from 
which  it  was  shipped,  transported,  or  carried. 

Sec.  5.  That  any  employee  of  the  Department  of  Agricul- 
ture authorized  by  the  Secretary  of  Agriculture  to  enforce 
the  provisions  of  this  act  shall  have  power,  without  warrant, 
to  arrest  any  person  committing  a  violation  of  this  act  in  his 
presence  or  view  and  to  take  such  person  immediately  for  ex- 
amination or  trial  before  an  officer  or  court  of  competent  juris- 
diction; shall  have  power  to  execute  any  warrant  or  other 
process  issued  by  an  officer  or  court  of  competent  jurisdiction 
for  the  enforcement  of  the  provisions  of  this  act;  and  shall 
have  authority,  with  a  search  warrant,  to  search  any  place. 
The  several  judges  of  the  courts  established  under  the  laws 
of  the  United  States,  and  United  States  commissioners  may, 
within  their  respective  jurisdictions,  upon  proper  oath  or  af- 
firmation showing  probable  cause,  issue  warrants  in  all  such 
cases.  All  birds,  or  parts,  nests,  or  eggs  thereof,  captured, 
killed,  taken,  shipped,  transported,  carried,  or  possessed  con- 
trary to  the  provisions  of  this  act  or  of  any  regulations  made 
pursuant  thereto  shall,  when  found,  be  seized  by  any  such 
employee,  or  by  any  marshal  or  deputy  marshal,  and  upon 
conviction  of  the  offender,  or  upon  judgment  of  a  court  of 
the  United  States  that  the  same  were  captured,  killed,  taken, 
shipped,  transported,  carried,  or  possessed  contrary  to  the 
provisions  of  this  act  or  of  any  regulation  made  pursuant 
thereto,  shall  be  forfeited  to  the  United  States  and  disposed 
of  as  directed  by  the  court  having  jurisdiction. 


85 

Sec.  6.  That  any  person,  association,  partnership,  or  cor- 
poration who  shall  violate  any  of  the  provisions  of  said  con- 
vention or  of  this  act,  or  who  shall  violate  or  fail  to  comply 
with  any  regulation  made  pursuant  to  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  more  than  $500  or  be  imprisoned  not  more  than  six 
months,  or  both. 

Sec.  7.  That  nothing  in  this  act  shall  be  construed  to  pre- 
vent the  several  states  and  territories  from  making  or  enforc- 
ing laws  or  regulations  not  inconsistent  with  the  provisions 
of  said  convention  or  of  this  act,  or  from  making  or  enforc- 
ing laws  or  regulations  which  shall  give  further  protection  to 
migratory  birds,  their  nests,  and  eggs,  if  such  laws  or  regula- 
tions do  not  extend  the  open  season  for  such  birds  beyond 
the  dates  approved  by  the  President  in  accordance  with  sec- 
tion three  of  this  act. 

Sec.  8.  That  until  the  adoption  and  approval,  pursuant  to 
section  three  of  this  act,  of  regulations  dealing  with  migra- 
tory birds  and  their  nests  and  eggs,  such  migratory  birds 
and  their  nests  and  eggs  as  are  intended  and  used  exclusively 
for  scientific  or  propagating  purposes  may  be  taken,  captured, 
killed,  possessed,  sold,  purchased,  shipped,  and  transported  for 
such  scientific  or  propagating  purposes  if  and  to  the  extent 
not  in  conflict  with  the  laws  of  the  state,  territory,  or  district 
in  which  they  are  taken,  captured,  killed,  possessed,  sold,  or 
purchased,  or  in  or  from  which  they  are  shipped  or  trans- 
ported if  the  packages  containing  the  dead  bodies  or  the  nests 
or  eggs  of  such  birds  when  shipped  and  transported  shall  be 
marked  on  the  outside  thereof  so  as  accurately  and  clearly 
to  show  the  name  and  address  of  the  shipper  and  the  con- 
tents of  the  package. 

Sec.  9.  That  the  unexpended  balances  of  any  sums  ap- 
propriated by  the  agricultural  appropriation  acts  for  the  fis- 
cal years  nineteen  hundred  and  seventeen  and  nineteen  hun- 
dred and  eighteen,  for  enforcing  the  provisions  of  the  act  ap- 
proved March  fourth,  nineteen  hundred  and  thirteen,  relat- 
ing to  the  protection  of  migratory  game  and  insectivorous 
birds,  are  hereby  reappropriated  and  made  available  until  ex- 
pended for  the  expenses  of  carrying  into  effect  the  provisions 
of  this  act  and  regulations  made  pursuant  thereto,  including 
the  payment  of  such  rent,  and  the  employment  of  such  per- 


86 

sons  and  means,  as  the  Secretary  of  Agriculture  may  deem 
necessary,  in  the  District  of  Columbia  and  elsewhere,  co-oper- 
ation with  local  authorities  in  the  protection  of  migratory 
birds,  and  necessary  investigations  connected  therewith: 
Provided,  That  no  person  who  is  subject  to  the  draft  for  serv- 
ice'in  the  Army  and  Navy  shall  be  exempted  or  excused  from 
such  service  by  reason  of  his  employment  under  this  act. 

Sec.  10.  That  if  any  clause,  sentence,  paragraph,  or  part 
of  this  act  shall,  for  any  reason,  be  adjudged  by  any  court  of 
competent  jurisdiction  to  be  invalid,  such  judgment  shall  not 
affect,  impair,  or  invalidate  the  remainder  thereof,  but  shall 
be  confined  in  its  operation  to  the  clause,  sentence,  paragraph, 
or  part  thereof  directly  involved  in  the  controversy  in  which 
such  judgment  shall  have  been  rendered. 

Sec.  11.  That  all  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

Sec.  12.  Nothing  in  this  act  shall  be  construed  to  pre- 
vent the  breeding  of  migratory  game  birds  on  farms  and 
preserves  and  the  sale  of  birds  so  bred  under  proper  regu- 
lation for  the  purpose  of  increasing  the  food  supply. 

Sec.  13.  That  this  act  shall  become  effective  immediately 
upon  its  passage  and  approval. 


REGULATIONS,  MIGRATORY  BIRD  TREATY  ACT. 

(In  so  far  as  they  pertain  to  the  State  of  Indiana.) 

REGULATION  1. — DEFINITIONS  OF  MIGRATORY  BIRDS. 

Migratory  birds,  included  in  the  terms  of  the  convention 
between  the  United  States  and  Great  Britain  for  the  protec- 
tion of  migratory  birds,  concluded  August  16,  1916,  are  as 
follows : 

1.     Migratory  game  birds: 

(a)  Anatidae,  or  waterfowl,  including  brant,  wild  ducks, 
geese,  and  swans. 

(6)      Gruidae,  or  cranes,  including  little  brown,  sandhill, 
and  whooping  cranes. 

(c)  Rallidae,   or  rails,   including  antes,   gallinules,   and 
sora  and  other  rails. 

(d)  Limicolae,  or  shorebirds,  including  avocets,  curlews, 
dowitchers,     godwits,    knots,     oyster    catchers,     phalaropes, 


87 

plovers,  sandpipers,  snipe,  stilts,  surf  birds,  turnstones,  willet, 
woodcock,  and  yellowlegs. 

(e)  Columbidae,  or  pigeons,  including  doves  and  wild 
pigeons. 

2.  Migratory  insectivorous   birds:     Bobolinks,   catbirds, 
chickadees,    cuckoos,    flickers,    flycatchers,    grosbeaks,    hum- 
mingbirds,  kinglets,   martins,   meadowlarks,   nighthawks   or 
bullbats,  nuthatches,  orioles,  robins,  shrikes,  swallow,  swifts, 
tanagers,  titmice,  thrushes,  vireos,  warblers,  waxwings,  whip- 
poor-wills,  woodpeckers,  and  wrens,  and  all  other  perching 
birds  which  feed  entirely  or  chiefly  on  insects. 

3.  Other  migratory  nongame  birds:     Auks,  auklets,  bit- 
terns,   fulmars,   gannets,    grebes,    guillemots,    gulls,    herons, 
jaegers,  loons,  murres,  petrels,  puffins,  shearwaters  and  terns. 

REGULATION  2. — DEFINITIONS  OF  TERMS. 

For  the  purposes  of  these  regulations  the  following  terms 
shall  be  construed,  respectively,  to  mean — 

Secretary. — The  Secretary  of  Agriculture  of  the  United 
States. 

Person. — The  plural  or  the  singular,  as  the  case  demands, 
including  individuals,  associations,  partnerships,  and  corpora- 
tions, unless  the  context  otherwise  requires. 

Take. — The  pursuit,  hunting,  capture,  or  killing  of  migra- 
tory birds  in  the  manner  and  by  the  means  specifically  per- 
mitted. 

Open  Season. — The  time  during  which  migratory  birds 
may  be  taken. 

Transport. — Shipping,  transporting,  carrying,  exporting, 
receiving  or  delivering  for  shipment,  transportation,  carriage, 
or  export. 

REGULATION  3. — MEANS  BY  WHICH  MIGRATORY  GAME  BIRDS 

MAY  BE  TAKEN. 

The  migratory  game  birds  specified  in  Regulation  4  hereof 
may  be  taken  during  the  open  season  with  a  gun  only,  not 
larger  than  number  10  gauge,  fired  from  the  shoulder.,  ex- 
cept as  specifically  permitted  by  Regulations  7,  8,  9,  and  10 
hereof;  they  may  be  taken  during  the  open  season  from  the 
land  and  water,  from  a  blind  or  floating  device  (other  than 
an  airplane,  powerboat,  sailboat,  or  any  boat  under  sail), 
with  the  aid  of  a  dog,  and  the  use  of  decoys. 


88 

REGULATION  4. — OPEN  SEASONS  ON  AND  POSSESSION  OF  CER- 
TAIN MIGRATORY  GAME  BIRDS. 

For  the  purpose  of  this  regulation,  each  period  of  time 
herein  prescribed  as  an  open  season  shall  be  construed  to  in- 
clude the  first  and  last  days  thereof. 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans), 
rails,  coot,  gallinules,  black-bellied  and  golden  plovers,  greater 
and  lesser  yellowlegs,  woodcock,  Wilson  snipe  or  jacksnipe, 
and  mourning  and  white-winged  doves  may  be  taken  each 
day  from  half  an  hour  before  sunrise  to  sunset  during  the 
open  seasons  prescribed  therefor  in  this  regulation,  by  the 
means  and  in  the  numbers  permitted  by  Regulations  3  and  5 
hereof,  respectively,  and  when  so  taken,  each  species  may 
be  possessed  any  day  during  the  respective  open  seasons 
herein  prescribed  therefor  and  for  an  additional  period  of  10 
days  next  succeeding  said  open  season. 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans), 
coot,  gallinules,  and  Wilson  snipe  or  jacksnipe. — The  open 
seasons  for  waterfowl  (except  wood  duck,  eider  ducks,  and 
swans),  coot,  gallinules,  and  Wilson  snipe  or  jacksnipe  shall 
be  as  follows : 

In  Indiana,  the  open  season  shall  be  from  September  16 
to  December  31. 

Rails  (except  coot  and  gallinules.) — The  open  season  for 
sora  and  other  rails  (except  coot  and  gallinules)  shall  be 
from  September  1  to  November  30. 

Black-bellied  and  golden  plovers  and  greater  and  lesser 
yellowlegs. — The  open  seasons  -for  black-bellied  and  golden 
plovers  and  greater  and  lesser  yellowlegs  shall  be  as  f ollows : 

In  Indiana,  the  open  season  shall  be  from  September  16  to 
December  31. 

Woodcock. — The  open  seasons  for  woodcock  shall  be  as 
follows : 

In  Indiana,  the  open  season  shall  be  from  October  1  to 
November  30. 

REGULATION  5. — BAG  LIMITS  ON  CERTAIN  MIGRATORY  GAME 

BIRDS. 

A  person  may  take  in  any  one  day  during  the  open  seasons 
prescribed  therefor  in  Regulation  4  not  to  exceed  the  follow- 
ing numbers  of  migratory  game  birds : 


89 

Ducks  (except  wood  duck  and  eider  ducks.) — Twenty-five 
in  the  aggregate  of  all  kinds. 

Geese. — Eight  in  the  aggregate  of  all  kinds. 

Brant. — Eight. 

Rails,  coot,  and  gallinules. — Twenty-five  in  the  aggregate 
of  all  kinds. 

Black-bellied  and  golden  plovers  and  greater  and  lesser 
yello'wlegs. — Fifteen  in  the  aggregate  of  all  kinds. 

Wilson  snipe,  or  jacksnipe. — Twenty-five. 

Woodcock. — Six. 

REGULATION  6. — SHIPMENT  AND  TRANSPORTATION  OF  CERTAIN 
MIGRATORY  GAME  BIRDS. 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans), 
rails,  coot,  gallinules,  black-bellied  and  golden  plovers,  greater 
and  lesser  yellowlegs,  woodcock,  Wilson  snipe  or  jacksnipe, 
and  mourning  and  white-winged  doves  and  parts  thereof 
legally  taken  may  be  transported  in  or  out  of  the  state  where 
taken  during  the  respective  open  seasons  in  that  state,  and 
may  be  imported  from  Canada  during  the  open  season  in  the 
province  where  taken,  in  any  manner,  but  not  more  by  one 
person  in  one  calendar  week  than  the  number  that  may  be 
taken  under  these  regulations  in  two  days  by  one  person; 
any  such  migratory  game  birds  or  parts  thereof  in  transit 
during  the  open  season  may  continue  in  transit  such  addi- 
tional time  immediately  succeeding  such  open  season,  not  to 
exceed  five  days,  necessary  to  deliver  the  same  to  their  desti- 
nation; and  any  package  in  which  migratory  game  birds  or 
parts  thereof  are  transported  shall  have  the  name  and  address 
of  the  shipper  and  of  the  consignee  and  an  accurate  state- 
ment of  the  numbers  and  kinds  of  birds  contained  therein 
clearly  and  conspicuously  marked  on  the  outside  thereof;  but 
no  such  birds  shall  be  transported  from  any  state,  territory, 
or  district  to  or  through  another  state,  territory,  or  district, 
or  to  or  through  a  province  of  the  Dominion  of  Canada  con- 
trary to  the  laws  of  the  state,  territory,  or  district,  or 
province  of  the  Dominion  of  Canada  in  which  they  were  taken 
or  from  which  they  are  transported ;  nor  shall  any  such  birds 
be  transported  into  any  state,  territory,  or  district  from  an- 
other state,  territory,  or  district,  or  from  any  state,  territory, 
or  district  into  any  province  of  the  Dominion  of  Canada  at  a 


90 

time  when  such  state,  territory,  or  district,  or  province  of  the 
Dominion  of  Canada  prohibits  the  possession  or  transporta- 
tion thereof. 

REGULATION  7. — TAKING  OF  CERTAIN  MIGRATORY  NONGAME 
BIRDS  BY  ESKIMOS  AND  INDIANS  IN  ALASKA. 

In  Alaska  Eskimos  and  Indians  may  take  for  the  use  of 
themselves  and  their  immediate  families,  in  any  manner  and 
at  any  time,  and  possess  and  transport  auks,  auklets,  guille- 
mots, murres,  and  puffins  and  their  eggs  for  food,  and  their 
skins  for  clothing. 

REGULATION  8. — PERMITS  TO  PROPAGATE  AND  SELL  MIGRATORY 

WATERFOWL. 

1.  A  person  may  take  in  any  manner  and  at  any  time 
migratory  waterfowl  and  their  eggs  for  propagating  purposes 
when    authorized    by    a    permit    issued    by    the    Secretary.1 
Waterfowl  and  their  eggs  so  taken  may  be  possessed  by  the 
permittee  and  may  be  sold  and  transported  by  him  for  propa- 
gating purposes  to  any  person  holding  a  permit  issued  by  the 
secretary1  in  accordance  with  the  provisions  of  this  regula- 
tion. 

2.  A  person  authorized  by  a  permit  issued  by  the  secre- 
tary1 may  possess,  buy,  sell,  and  transport  migratory  water- 
fowl and  their  increase  and  eggs  in  any  manner  and  at  any 
time  for  propagating  purposes;  and  migratory  waterfowl, 
except  the  birds  taken  under  paragraph  1  of  this  regulation, 
so  possessed  may  be  killed  by  him  in  any  manner  except  by 
shooting,  and  the  unplucked  carcasses  and  the  plucked  car- 
casses with  heads  attached  thereto  of  the  birds  so  killed  may 
be  sold  and  transported  by  him  in  any  manner  and  at  any  time 
to  any  person  for  actual  consumption,  or  to  the  keeper  of  a 
hotel,  restaurant,  or  boarding  house,  retail  dealer  in  meat  or 
game,  or  a  club,  for  sale  or  service  to  their  patrons,  who  may 
possess  such  carcasses  for  actual  consumption  without  a  per- 
mit. 

3.  Any  package  in  which  such  waterfowl  or  parts  thereof 
or  their  eggs  are  transported  shall  have  plainly  and  conspicu- 
ously marked  on  the  outside  thereof  the  name  and  address 

1  In  Indiana,  a  further  permit  must  be  obtained  from  the  director  of  the  Department 
of  Conservation  at  Indianapolis,  Indiana. 


91 

of  the  permittee,  the  number  of  his  permit,  the  name  and 
address  of  the  consignee,  and  an  accurate  statement  of  the 
number  and'  kinds  of  birds  or  eggs  contained  therein. 

4.  Applications  for  permits  must  be  addressed  to  the 
Secretary  of  Agriculture,  Washington,  D.  C.,  and  must  con- 
tain the  following  information:    Name  and  address  of  appli- 
cant ;  place  where  the  business  is  to  be  carried  on ;  number  of 
acres  of  land  used  in  the  business  and  whether  owned  or 
leased  by  the  applicant ;  number  of  each  species  of  waterfowl 
in  possession  of  applicant;  names  of  species  and  number  of 
birds  or  eggs  of  each  species  if  permission  is  asked  to  take 
waterfowl  or  their  eggs;  and  the  particular  locality  where  it 
is  desired  to  take  such  waterfowl  or  eggs.1 

5.  A  person  granted  a  permit  under  this  regulation  shall 
keep  books  and  records  which  shall  correctly  set  forth  the 
total  number  of  each  species  of  waterfowl  and  their  eggs 
possessed  on  the  date  of  application  for  the  permit  and  on  the 
first  day  of  January  next  following;  also  for  the  calendar 
year  for  which  permit  was  issued  the  total  number  of  each 
species  reared  and  killed,  number  of  each  species  and  their 
eggs  sold  and  transported,  manner  in  which  such  waterfowl 
and  eggs  were  transported,  name  and  address  of  each  person 
from  or  to  whom  waterfowl  and  eggs  were  purchased  or  sold, 
together  with  number  and  species  and  whether  sold  alive  or 
dead;  and  the  date  of  each  transaction.     A  written  report 
correctly  setting  forth  this  information  shall  be  furnished  the 
secretary,  during  the  month  of  January  next  following  the 
issuance  of  the  permit.2 

6.  A  permittee  shall  at  all  reasonable  hours  allow  any 
authorized   employee   of  the   United   States   Department   of 
Agriculture  to  enter  and  inspect  the  premises  where  opera- 
tions are  being  carried  on  under  this  regulation  and  to  inspect 
the  books  and  records  of  such  permittee  relating  thereto. 

7.  Permits  issued  under  this  regulation  shall  be  valid  only 
during  the  calendar  year  of  issue,  shall  not  be  transferable, 
and  may  be  revoked  by  the  secretary,3  if  the  permittee  violates 
any  of  the  provisions  of  the  Migratory  Bird  Treaty  Act  or  of 
the  regulations  thereunder. 

1  An  application  containing  the  same  information  must  be  addressed  to  the  director  of 
the  Department  of  Conservation  at  Indianapolis,  Indiana. 

2  And  a  duplicate  of  the  report  to  the  director  of  the  Department  of  Conservation  at 
Indianapolis,  Indiana. 

3  Or  by  the  director  of  the  Department  of  Conservation,  as  the  case  may  be. 


92 

8.  A  person  engaged  in  the  propagation  of  migratory 
waterfowl  on  the  date  on  which  these  regulations  become  ef- 
fective will  be  allowed  until  September  30,  1918/to  apply  for 
the  permit  required  by  this  regulation,  but  he  shall  not  take 
any  migratory  watrefowl  without  a  permit. 

REGULATION  9. — PERMITS  TO  COLLECT  MIGRATORY  BIRDS  FOR 
SCIENTIFIC  PURPOSES. 

A  person  may  take  in  any  manner  and  at  any  time  migra- 
tory birds  and  their  nests  and  eggs  for  scientific  purposes 
when  authorized  by  a  permit  issued  by  the  secretary,1  which 
permit  shall  be  carried  on  his  person  when  he  is  collecting 
specimens  thereunder  and  shall  be  exhibited  to  any  person 
requesting  to  see  the  same. 

Application  for  a  permit  must  be  addressed  to  the  Secre- 
tary of  Agriculture,  Washington,  D.  C.1  and  must  contain  the 
following  information:  Name  and  address  of  applicant  and 
name  of  state,  territory,  or  district  in  which  specimens  are 
proposed  to  be  taken  and  the  purpose  for  which  they  are  in- 
tended. Each  application  shall  be  accompanied  by  certifi- 
cates from  two  well-known  ornithologists  that  the  applicant 
is  a  fit  person  to  be  entrusted  with  a  permit. 

The  permit  will  authorize  the  holder  thereof  to  possess, 
buy,  sell,  and  transport  in  any  manner  and  at  any  time  mi- 
gratory birds,  parts  thereof,  and  their  nests  and  eggs  for 
scientific  purposes.  Public  museums,  zoological  parks  and  so- 
cieties, and  public  scientific  and  educational  institutions  may 
possess,  buy,  sell,  and  transport  in  any  manner  and  at  any 
time  migratory  birds  and  parts  thereof,  and  their  nests  and 
eggs  for  scientific  purposes  without  a  permit,  but  no  speci- 
mens shall  be  taken  without  a  permit. 

Permits  shall  be  valid  only  during  the  calendar  year  of 
issue,  shall  not  be  transferable,  and  shall  be  revocable  in  the 
discretion  of  the  secretary.1  A  person  holding  a  permit  shall 
report  to  the  secretary1  on  or  before  January  10  following 
its  expiration  the  number  of  skins,  nests,  or  eggs  of  each 
species  collected,  bought,  sold,  or  transported. 

Every  package  in  which  migratory  birds  or  their  nests  or 
eggs  are  transported  shall  have  clearly  and  conspicuously 
marked  on  the  outside  thereof  the  name  and  address  of  the 


And  the  director  of  the  Department  of  Conservation  at  Indianapolis,  Indiana. 


93 

sender,  the  number  of  the  permit  in  every  case  when  a  per- 
mit is  required,  the  name  and  address  of  the  consignee,  a 
statement  that  it  contains  specimens  of  birds,  their  nests,  or 
eggs  for  scientific  purposes,  and,  whenever  such  a  package  is 
transported  or  offered  for  transportation  from  the  Dominion 
of  Canada  into  the  United  States  or  from  the  United  States 
into  the  Dominion  of  Canada,  an  accurate  statement  of  the 
contents. 

REGULATION  10. — PERMITS  TO  KILL  MIGRATORY  BIRDS  INJURI- 
OUS TO  PROPERTY. 

When  information  is  furnished  the  secretary  that  any 
species  of  migratory  bird  has  become,  under  extraordinary 
conditions,  seriously  injurious  to  agriculture  or  other  inter- 
ests in  any  particular  community,  an  investigation  will  be 
made  to  determine  the  nature  and  extent  of  the  injury, 
whether  the  birds  alleged  to  be  doing  the  damage  should  be 
killed,  and,  if  so,  during  what  times  and  by  what  means. 
Upon  his  determination  an  appropriate  order  will  be  made. 


94 


(I)    BIRDS— OPEN  SEASON;  DAY'S  BAG  LIMIT 

(Where  the  laws  conflict,  the  Federal  law  prevails) 

Actual  Open  Season  in  Black-fac»d  Type. 


Species 

Open  Season 

Bag  Limits 

State  Law 

Federal  Law* 

State  Law 

Federal 
Law 

Black-bellied  Plover 

Sept.  16-Dec.  31  
(Half  hour  before  sun- 
rise »o  sunset). 

15 

Brant  

Sept.  1-Apr.  15 
(Sunrise  to  Sun- 
set). 

Sept.  16-Dec.  31  '... 
(Half  hour  before  sun- 
rise to  sunset)  . 

15  and  not  to  exceed 
45   for  3  or   more 
successive  days. 

8 

Coot  

Sept.  16-Dec.  31.  ... 
(Half  hoar  before  sin- 
rise  to  sunset). 

25 

Ducksf  

Sept.  1-Apr.  15 
(Sunrise  to  Sun- 
set). 

Sept.  16-Dec.  31  
(Half  hour  before  sun- 
rise to  sunset). 

15  and  not  to  exceed 
45   for  3  or   more 
successive  days. 

25 

Gallinules  

Sept  16.-Dec.  31  
(Half  hour  before  sun- 
rise to  sunset). 

25 

Geese  

Sept.  1-Apr.  15... 

Sept.  16-Dec.  31  
(Half  hour  before  sun- 
rise to  sunset). 

15  and  not  to  exceed 
45  for  3  or  more 
successive  days. 

8 

Golden  Plover  

Sept.  16-Dec.  31  
(Half  hour  before  sun- 
rise to  sunset.) 

15 

Greater  Yellowlegs.. 

Sept.  16-Dec.  31  
(Half  hour  before  sun- 
rise to  sunset). 

15 

Jack  Snipe  

Sept.  16-Dec.  31  
(Half  hour  before  sun- 
rise to  sunset). 

25 

Lesser  Yellowlegs..  . 

Sept.  16-Dec.  31  
(Half  hour  before  sun- 
rise to  sunset). 

15 

Prairie  Chicken  
Quail 

Oct.  15-Nov.  1... 
Nov.  10-Dec.  20. 

5     

15  and  not  to  exceed 
45  far  3   or    moie 
successive  days. 

Rails  

Sept.  1-Nov.  30  
(Half  hour  before  sun- 
rise to  sunset. 

25 

Ruffed  Grouse  

Nov.  10-Dec.  20.. 

None  

Wilson  Snipe  

Sept.  16-Dec.  31  
(Half  hour  before  sun- 
rise to  sunset). 

25 

Woodcock  

July  1-Jan.  1  

Oct.  1-Nov.  30  
(Half  hour  before  sun- 
rise to  sunset). 

None  

6 

*In  all  cases  includes  first  and  last  days  given. 
fDoes  not  include  wood  duck  or  eider  dJck. 


95 


(2)    BIRDS—  PERENNIAL  CLOSED  SEASON 

(State  or  Federal  Law  or  both) 

Auks 

Hummingbirds 

Shrikes 

Auklets 

Hungarian  Partridges 

Silver  Pheasant* 

.  \vo.-vts 

Hungarian  Pheasants'] 

Snipes 

Bitterns 

Jaegers 

Stilts 

Bobolinks 

Kinglets 

Surf  Birds 

Bullbats 

Knots 

Swallows 

Catbirds 

Little  Brown  Cranes 

Swans 

Chickadees 

Loons 

Swifts 

Copper  Pheasants 

Martins 

Tanagers 

Cranes 

Meadowlarks 

Terns 

Cuckoos 

Mourning  Doves 

Thrushes 

Cfertan 

Murres 

Titmice 

Doves 

Night  Hawks 

Tragopan  Pheasants 

Dowitchers 

Nuthatches 

Turkeys 

Eider  Ducks 

Orioles 

Turnstones 

Flickers 

Oyster  Catchers 

Vireos 

Flycatchers 

Partridges 

Warblers 

Fulmars 

Petrels 

Waxwings 

Gannets 

Phalaropes 

Whip-poor-wills 

Godwits 

Pheasants 

White  Winged  Doves 

Golden  Pheasants 

Pigeons 

Whooping  Cranes 

Grebes 

Puffins 

Willets 

Green  Japanese  Pheasants 

Ring-Neck  Mongolian 

Wood  Ducks 

Grosbeaks 

Pheasants 

Woodpeckers 

Guillemots 

Robins 

Wrens 

Gulls 

Sandhill  Cranes 

Herons 

Sandpipers 

All  other  Insect.  ivoros  Perching 

Homing  Pigeons 

Shearwaters 

Birds 

Birds  of  Prey 
Black  Birds 


(3)    BIRDS— PERENNIAL  OPEN  SEASON 

Crows  Hawks 

E  iglish  Sparrows 


(4)    GAME— OPEN  SEASON 


Species 

Open  Season 

Any  kind  of  game,  except  Rabbits  
Beaver*  
Fox*  
Minkt  
Muskratf  
Opossum  *  
Otter*  
Rabbits  
Raccoon*  

April  1-  December  20. 
November  20-February  2. 
November  20-February  2. 
November  1-April  1. 
November  1-April  1. 
November  20-February  2. 
November  20-February  2. 
December  20-January  10. 
November  20-  February  2. 

Skunk*  
Squirrels  

November  20-February  2. 
August  1-December  1. 

*Any  person  may  kill  beaver,  raccoon,  fox,  otter,  opossum  and  skunk  during  the  closed  season,  on 
his  own  premises,  when  found  injuring  or  destroying  property,  and  may  have  them  in  his  possession  for 
breeding  purposes. 

fAny  owner  or  tenant  may  kill  mink  and  muskrats  during  the  closed  season  when  found  injuring  any 
evee,  dike,  dam  or  public  drain. 


96 


(5)    FISH— NUMBER  AND  LENGTH  LIMIT 


Species 

Number  Limited  Which  May 
Be  Taken  in  One  Day 

Species 

Minimum  Length  Which 
May  Be  Taken 

Bass... 
Bluegills 

12;  20  for  total  occupants  of  boat..  . 
50 

Black  Bass  

10  inches 

Crappies  .  .  . 

50  

Pickerel  

12  inches 

Sunfish  
Trout* 

50  
20 

Pike-Perch  
Rock  Bass 

12  inches 
6  inches 

Trout* 

Wall-Eyed  Pike 

12  inches 

*The  open  season  for  trout  is  from  April  1  to  September  1. 


(6)    BOUNTIES  ON  PREDATORY  ANIMALS 

The  following  schedule  of  bounties  on  predatory  animals  may  be  paid  by  the  several  counties  of  th 
state  in  the  discretion  of  the  Board  of  Commissioners. 


Maximum  Amount 


Crow* 

Crows'  Eggs 

Fox  (Adult) 

Fox  (under  6  months) . . 

Hawkf 

Owlf 

Wolf  (Adult) 

Wolf  (under  6  months) . 
Woodchuck 


I  .10 
.05° 
5.00 
1.50 
2.00 
2.00 

20.00 
3.00 
2.00 


*Does  not  include  hawks  or  owls. 

"When  exhibited  in  lots  of  not  less  than  ten. 

fExcept  sparrow  hawks  and  screech  owls. 


INDEX 


Page 

Abstracts,  Custody  of 15 

Academy  of  Science 

nomination  of  members  of  conservation  commission 5 

permits  for  investigations 78 

Acid   73 

Affidavits,  Form 

non-resident  hunting  or  fishing 82 

violation  of  fish  and  game  laws 82 

Agent,  Nursery  Stock 12,  33,  34 

Agriculture    11 

Agriculture,  Board  of 31,  35 

Airplane,  Taking  Game 87 

Anatidae    54,  86 

Animals,  Bred  in  Captivity 56 

Antes  '. 86 

Apiaries 

definition 38 

inspection 12 

state  entomologist  inspector 36 

Appeals,  Destruction  of  affected  nursery  stock 40 

Appropriations 18 

Arbor  Day 46 

Artificial  Bait,  Trout 65 

Assistants  in  Conservation  Department 

appointment   6 

assigned  to  other  departments 6 

compensation  when  assigned  to  other  departments 6 

examination  to  test  qualifications 6 

qualifications 6 

removal 6 

salary    6 

supervision  of  director 6 

warrants  and  processes 10 

Attorney-General 

concurrent  powers   t 21 

eminent  domain   20 

rights  of  way 46 

violations  of  gas  laws 23 

Auditor  of  State,  Rights  of  Way 46 

Auklets    87,  95 

Auks   87,  95 

Automobiles,  Hunting  with  prohibited 50 

Avocets    86,  95 

7-16367  (97) 


98 

Bag  Limits  Page 

brant    89 

black-bellied  plover   89 

coot   89 

ducks   89 

eider  ducks    89 

gallinules   89 

geese    89 

golden   plover    „ . . . .  89 

greater  yellowlegs 89 

jack  snipe    89 

lesser  yellowlegs    89 

rails  89 

Wilson  snipe   89 

woodcock   . .  /. 89 

wood  ducks    89 

Bait 

for  trout 65 

in  Lake  Michigan 68 

medicated   73 

Bass 

bag  limit 72,  96 

sale    63 

transporting 62 

Beavers,  Closed  Season 49 

Bee  Culture,  Report. 37 

Beekeepers,  Foul  Brood 12,38 

Beekeeping   11 

Bees — 

appliances   8 

control  of  diseases 8 

diseases    13,  36,  37 

inspection    /. . .  12,  36 

transfer 37 

Birds 

bag  limits    88,  94 

bred  in  captivity 56 

carrying  out  of  state 58 

closed  season  95 

collections 92 

hunting  on  Sunday 55 

migratory  bird  treaty  act 83 

non-resident  hunting  licenses 58 

open  season 88,  94 

permits  to  take 54 

possession 88 

propagation 16 

resident  hunting  licenses 56 

scientific  purposes 54,  85 

shooting,  sale,  trapping 54 


Birds'  Eggs  Page 

destruction   54 

migratory  act   83 

permits  to  take 54 

scientific  purposes   54 

Birds'  Nests 

destruction  54 

migratory  act 83 

permits  to  take 54 

scientific  purposes    54 

Birds  of  Prey 54,  95 

Bitterns   87,  95 

Black  Bass 

in  Lake  Michigan 69 

length  limits 67,  96 

sale    63 

transportation 62 

Black  Birds    .' 54,  95 

Blackbellied  Plover 

bag  limit  89,  94 

open  season 88,  94 

Blue  Gills 

bag  limit  . . . , 72,  96 

sale  63 

transportation 62 

Board  of  Agriculture 31,  35 

Boats 

fishing  Lake  Michigan 70 

hunting  with    53,  87 

Bobolinks    87,  95 

Bottles,  Fishing  with 62 

Bounties 80,  96 

Brant 

bag  limit  ' 89,  94 

carrying  out  of  state 58 

closed  season   52,  94 

definition 86 

lawful  to  shoot 54 

Breeding  Animals 

authorized 49,  50,  51 

birds  under  migratory  act 86 

quail    * 52 

ruffled  grouse   52 

Breeding  Grounds 

establishment 61 

for   trout    64 

Brook  Trout 

defined  66 

in  Lake  Michigan „ 69 


100 

Page 

Bullbats    87,  95 

Bulletins,  Conservation  Commission 9 

Canada,  Migratory  Bird  Act 83,  89 

Carp 74 

Cast  Net    61 

Cat  Birds   87,  95 

Chickadees   87,  95 

Chickens,  Injury  while  hunting 55 

Chiefs  of  Divisions 

administration  of  oaths 8 

appointed  and  removed  by  director 6 

certification  of  official  acts 8 

director  as  acting  chief 6 

examination  to  test  qualifications 6 

information 8 

list  of   '. 10 

management  of  divisions.  : 10 

production  of  documents  and  testimony 8 

qualifications   6 

recommend   appointment  and   removal   of  inspectors,   assistants 

and  employees 6 

report 10 

salary    6 

subpoenas   8 

warrants  and  processes , 10 

witnesses 8 

Children,   Fishing  Licenses 79 

Chubs    68 

Circuit   Court    8 

Clay   11 

Clerk  of  Circuit  Court 

hunting  license    56,  59 

non-resident  fishing  licenses 79 

resident  fishing  license 56 

rules  of  conservation  commission 7 

Closed  Season 

beaver 49,  95 

birds    95 

black-bellied  plover   88 

brant    52 

breeding  grounds 61 

coots    88 

defined 88 

ducks 52,  88 

eider  duck  88 

fox    49,  95 

gallinules   88 

game   95 


M 

Closed  Season — Continued  Page 

geese  52 

golden  plover    88 

greater  yellow  legs 88 

jacksnipe    88 

lesser  yellow  legs 88 

mink 75,  95 

mourning  doves 88 

muskrat 75,  95 

opossum    49,  95 

otter   49,  95 

partridge    51 

pheasant  51 

prairie  chicken 51 

quail 52 

rabbits 56,  95 

raccoon 49,  95 

rails   - 88 

ruffled  grouse   52 

skunk 49,  95 

squirrels 53,  95 

sora 88 

swans 88 

trout 65 

waterfowl    52,  55,  88 

whitewinged  doves 88 

Wilson  snipe 88 

woodcock 55,  88 

wood  duck 88 

Coal  11,  15 

Coal-Tar 73 

Cocculus  Indicus 73 

Cockle    67 

Collections,  Birds,  Eggs,  Nests 92 

Columbidae    87 

Commission,  Conservation   5 

Commissioners  of  County,  Bounties 80 

Common  Carrier 

carrying  fish  out  of  state 62 

carrying  game  out  of  state 58,  89 

carrying  trees    14 

nursery  stock    35 

Conservation  Commission 

administration  of  oaths 8 

appointment   '. 5 

appointment  of  director 5 

salary  of  director 6 

approve  appointment  of  chiefs  of  divisions 6 

approve  co-operation  with  other  state  departments 6 

approve  removal  of  chiefs  of  divisions.  .  6 


102 

i 

Conservation  Commission — Continued  Page 

certification  of  official  acts 8 

chairman 7 

compensation   5 

co-operation  in  making  investigations  and  reports 8 

determine  compensation  of  employees 6 

granting  rights  of  way 46 

investigations    , 7 

membership    5 

nominations  by  Academy  of  Science 5 

vacancies    5 

obstructing   20 

organizations   7 

political  divisions  5 

powers   and   duties 7,  8 

production  of  documents  and  testimony 8 

publications    9 

quorum    7 

removal  of  commissioners 5 

report  to   governor 9 

require  information   8 

rules  and  regulations 7 

subpoenas  8 

tenure  of  office 5 

testing  of  fitness  of  employees 6 

traveling  expenses  and  allowances 5 

warrants  and  processes 10 

witnesses    8 

Conservation,  Department  of 5 

Conservation  of  Natural  Resources 7 

Contempt  of  Court 9 

Convicts,  Use  by  Conservation  Commission 14,  15 

Coots    54,  88,  89,  94 

Copper  Pheasant 51,  95 

County  Agent,  Deputy  State  Entomologist 45 

County  Commissioners,  Bounties 80 

County   Council,   Bounties 80 

Cow,  Injury  while  hunting 55 

Cranes  86,  95 

Crappie 

bag  limit   72,  96 

length  limit    67,  96 

Crops 31 

Crows,  Bounties   80,  96 

Crows,  Lawful  hunting 54,  95 

Crows'   Eggs,  Bounties 80,  96 

Cuckoos    87,  95 

Curlews    . 54,  86,  95 


Hi:; 


Dams  Page 

fish  ladders   76 

fish  traps 63 

injury  to   ' 75 

Deadfalls 

destruction  48 

inspection  and  removal  of  animals  caught 48 

manner  of  setting 48 

written   consent    48 

Dealer's  Licenses — Nursery  Stock 

fees    34 

issuance  12,  33 

misrepresentation   34 

revocation   34 

Decoys 87 

Deeds,  Custody  of 15 

Deer 

carrying  out  of  state » 58 

hunting  prohibited 50 

Department  of  Conservation 

co-operation  in  investigations 8 

creation  5 

powers  and  duties 7 

Deputies  of  Department  of  Conservation 

appointment 6 

assigned  to  other  departments 6 

compensation  where  assigned  to  other  departments 6 

examination  to  test  qualifications 6 

qualifications 6 

removal   6 

salary 6 

supervision  by  director 6 

warrants  and  processes 10 

Dip  Net  60 

Director  of  Conservation  Commission 

appointment   5 

appointment  and  removal  of  assistants,  inspectors  and  employees  6 

appointment  of  chiefs  of  divisions 6 

assigns  deputies  to  other  departments 6 

attests  all  rules  and  regulations 7 

chief  of  divisions 5 

control  of  subordinate  officers .( 6 

co-operation  with  other  departments 6 

enforcement  of  fish  and  game  laws 6 

enforcement  of  penal  provisions 6 

enforcement  of  rules  and  regulations  of  commission 6 

executive  offices  of  department  and  divisions 5,  6,  10 

fish  and  game  wardens  and  deputies 6 


104: 

Director  of  Conservation  Commission — Continued  Page 

permits  to  collect  birds,  eggs  and  nests 92 

permits  to  propagate  birds 90 

qualifications 5 

receives  assistance  from  deputies  of  other  departments 6 

recommends  compensation  of  employees 6 

recommends  rules  and  regulations 7 

removal  of  chiefs  of  divisions 6 

salary   6 

tenure  of  office 5 

warrants  and  processes 10 

Diseases 

of  bees 12,  36 

of  plants 11,  31 

Ditches    75 

Divisions  of  Department  of  Conservation 

director  as  chief  of  division 6 

entomology 11 

fish  and  game 16 

forestry  i3 

geology    11 

lands  and  waters 14 

list  of  10 

new  divisions   ' 10 

rules  and  regulations 7 

supervised  by  director 6 

Dogfish 74 

Dogs 

catching  in  steel  trap 48 

hunting  with   55,  87 

Domestic  Animals,  Catching  in  Steel  Trap 48 

Domestic   Fowls 56 

Domestic  Stock . .  56 

Dominion  of  Canada 84 

Doves    87,  88,  95 

Dowitchers    86,  95 

Drainage   7 

Drains 75 

Drugs,  Killing  fish 73 

Duck 

bag  limit   89,  94 

Carrying  out  of  state. 58 

closed  season  52,  94 

definition 86 

injury  while  hunting 55 

lawful  to  shoot 54,  55 

Dye-Stuffs    73 

Dykes    '. .  75 

Dynamite,  Fish   .  .73,  74 


105 

Page 

Eels   74 

Eggs,  Birds 

collection 92 

destruction    54 

permits  to  take 54 

propagation    90 

scientific  purposes    54 

Eider  Ducks  88,  89,  95 

Electric  Boats,  Lake  Michigan 70 

Electric  Launch,  Hunting  with 53 

Electrical  Currents,  Killing  Fish 73 

Eminent  Domain  13,  14,  19 

Employees  in  Conservation  Department 

appointment 6 

assigned  to  other  departments 6 

compensation  when  assigned  to  other  departments 6 

examination  to  test  -  qualifications 6 

qualifications   6 

removal    6 

salary 6 

supervision  by  director 6 

warrants  and  processes 10 

English   Sparrows    54,  95 

Entomologist 

certificates  of  examination 32,  34 

co-operation  with  horticultural  societies •. . .   31 

dealers'  licenses    33 

duties    31 

foreign  nursery  stock 33 

inspection  of  nurseries 31 

inspector  of  apiaries 36 

plant  pests 31 

report    37 

revocation  of  licenses 34 

right  of  entry 32,  37 

shipment  without  certificate 35 

Entomology   10,  11,  31 

European  House  Sparrow 54 

Experiment  Station  31,  $5 

Explosive,  Killing  Fish 73,  74 

Express  Company 

carrying  fish  out  of  state ^. 62 

carrying  game  out  of  state 58,  89 

nursery  stock   35 

Fairbanks,   Charles  Warren 47 

Federal  Government,  co-operation  with 8 

Fees   7,  18,  75 


106 

Page 

Ferrets,   Hunting  with 49,  55 

Fields,  Inspection 11 

Firearms 

lawful  use  of , 87 

use  on  Sunday 55 

Fish 

breeding  grounds   61 

carrying  out  of  state 62 

catching  near  fish  ladders 77 

catching  through  ice 66 

catching  with  hands 73 

conservation   of    7 

electrocuting 73 

killing  by  explosives 73 

ladders   76 

length  limit    67,  96 

number  taken    72,  96 

obstructions  in  streams 72 

pollution  of  streams 73 

protection  and  propagation.  . 16 

sale  prohibited   63 

shooting,  spearing,   gigging 63,  66 

spearing,  seining,  etc 67 

use  of  poison 67,  73,  74 

Fish  and  Game,  Deputies  and  Wardens 6 

Fish  and  Game,  Division   of    .10,  16 

Fisheries  and  Game  Laws,  Director 6 

Fish  and  Game  Protective  Associations 17 

Fish  and  Game  Protective   and   Propagation   Fund...  18,  57,  59,  71,  75 

Fish  berries  67,  73,  74 

Fish  Hatcheries,  U.  S.  Government 78 

Fish  Hooks    61 

Fish  Ladders    63,  76 

Fish  Lines 62 

Fish  Offal,  Lake  Michigan 70 

Fish  Trap 63,  77 

Fishing  Licenses 

affidavit   82 

^    children    57 

fee 57,  79 

Lake  Michigan  70 

non-resident 70,  79 

report    17 

resident 56 

soldiers  and  sailors 58 

tenants    57 

Flickers 87,  95 

Floating  Devices,  Fishing  with 62 


107 

Page 

Floating  Devices,  Game 87 

Flood  Prevention  7 

Flycatchers    87,  95 

Forest  Demonstration  46 

Forest  Laboratory 46 

Forest  Nurseries 46 

Forest  Preservation 

control  of   13,  14 

rights  of  way 46 

timber,  leases    • 46 

Forester   46 

Forestry 

arbor  day 47 

department   ^ •. .  46 

division  of 10,  13 

Forests   13,  46 

Forests,  Culture  and  Preservation 7 

Foul   Brood    12,  36,  38 

Fowls 

bred  in  captivity 56 

catching  in  steel  trap 48 

Fox 

bounties 96 

closed  season  49 

Fox  Bounties 80 

Fruits,  Inspection '. 11,  12 

Fulmars 87,  95 

Funds 

deputies  assigned  to  other  departments 6 

fish  and  game  protective 57 

Fungus ; 31,  32,  34,  39 

Fur  of  Animals,  Possession  evidence  of  guilt 49 

Gaff  Hook  74 

Gallinae    54 

Gallinules  54,  86,  88,  89,  94 

Game 

carrying  out  of  state 58 

closed  season    55,  95 

conservation   7 

hunting  on  Sunday 55 

non-resident  license   58 

protective  fund  57 

resident  license 56 

soldiers  and  sailors 58 

Gannets   87,  95 

Garfish    74 

Gas    .22 


103 

Gas  Mains  Page 

confined  in  pipes 26 

construction   23 

Gas  Pipes    23,  25 

Gass  Wells 

drainage  into  streams 73 

plugging   27 

regulation 23 

water  and  oil 30 

Gasoline  Boat,  Lake  Michigan 70 

Geese 

bag  limit 89,  94 

carrying  out  of  state 58 

closed  season    52,  94 

definition 86 

lawful  to  shoot 54 

Geological  Museum  11 

Geological  Survey 11 

Geology    10,  11 

German  Brown  Trout 69 

Gifts,  Forest   Land 14,  15 

Gigging    Fish    63,  67 

Gigs    60,  67 

Gill  Net 

search  warrants   81 

use  generally 60 

use  in  Lake  Michigan 68 

Godwits    86,  95 

Golden  Pheasant 51,  95 

Golden  Plover 

bag  limit 89,  94 

open  season 88,  94 

Governor 

appointment  of  members  of  conservation  commission 5 

approves  purchase  of  forest  lands 13,  14 

approves  quarantine  regulations 13 

approves  rules  and  regulations 7 

approves  rules  for  taking  sand,  gravel  and  coal 16 

approves  salary  of  director 6 

approves  salaries  of  employees 6 

arbor  day  proclamation 46 

filling  vacancies  in  conservation  commission 5 

removal  of  members  of  conservation  commission 5 

report  to    9 

rights  of  way  forest  lands 46 

signs  rules  of  conservation  commission 7 

state  forester's  bond 46 

Gravel    15 

Great  Britain,  Migratory  Bird  Act 83 


109 

Greater  Yellowlegs  Page 

bag  limit  89,  94 

open  season 88,  94 

Grebes    87,  95 

Green  Bass   62,  63 

Green   Japanese   Pheasant 51,  95 

Grosbeaks    87,  95 

Groundhog,  Bounties    80 

Grouse 

carrying  out  of  state 58 

regulations    54 

Gruidae 86 

Guillemots  87,  95 

Gulls  87,  95 

Guns 87 

Hawks,  Lawful  Hunting 54,  95 

Hawk  Bounties : 80,  81,  96 

Herons    87,  95 

Herring    68 

Hides  of  Animals,  Possession  evidence  of  guilt 49 

Highways,   Hunting   Prohibited 50 

Historic  Places 14 

Hives  of  Bees 37 

Hog,  Injury  while  Hunting 55 

Homing  Pigeons   51,  95 

Honey 

inspection  36 

production 8 

Hook  and  Line,  Catching  Trout 65 

Hooks,    Fish    61 

Horses,  Injury  while  hunting ' 55 

Horticultural  Districts 40 

Horticultural  Societies 31,  35 

Horticulture   11 

Hummingbirds 87,  95 

Hungarian  Partridge   51,  95 

Hungarian  Pheasant 51,  95 

Hunting  Licenses 

affiddavit 82 

children   57 

fee : 57,  59 

non-resident 58 

removal  of  game  from  state ' 59 

report 17 

resident   56 

right  to  fish 79 

soldiers  and  sailors 58 

tenants   57 

Hunting  on  Lands  of  another 55 


110 

Ice  Page 

fishing  through 66 

in   Lake   Michigan 70 

Impurities,  Waters  of  State 15 

Indian   Cockle    67,  74 

Indiana  Academy  of  Science,  See  Academy  of  Science. 

Information,  Conservation  Commission 8 

Insect  Pests    31,  32,  34,  39 

Insectivorous  Birds   87 

Inspection  Fees,  Prescribed  by  Conservation  Commission 7 

Inspector  of  Apiaries 36 

Inspectors  in  Conservation  Department 

appointment   6 

assigned  to  other  state  departments 6 

compensation  when  assigned  to  other  departments 6 

examination  to  test  qualifications 6 

qualifications    6 

removal  6 

salary    6 

supervision  of  director j6 

warrants  and  processes 10 

Investigations  by  Conservation  Commission 7,     8 

Jacksnipe 

bag  limit 89,  94 

open  season   88,  94 

Jaegers 87,  95 

Japanese  Pheasant 51 

Justices  of  the  Peace 81,  17 

Kinklets 87,  95 

Knots    86,  95 

Laboratory,   Forestry 46 

Ladders,  Fish 63 

Lake  Michigan 60,  62,  66,  67,  68 

Lake  Trout   '. 68 

Lakes 

breeding  grounds   61 

fishing  through   ice 66 

pollution  of 15 

Lands  and  Waters 10 

Launch,  Hunting  with .' 53 

Leakage  of  Gas  Pipes 24 

Leases,  Forests 46 

Lesser  Yellowlegs   88,  89,  94 

Levees    75 


Ill 

Licenses  Page 

agents  selling  nursery  stock 33,  12 

dealers  in  nursery  stock 33,  12 

fees    12,  34,  57,  59 

fishing  on  Lake  Michigan 70 

non-resident  fishing 79 

non-resident  hunting 58 

removal  of  game  from  state 59 

resident  fishing 56 

resident   hunting    56 

revocation  nursery  licenses 34 

Lights,  Hunting  with  prohibited 50 

Limicolae   54,  86 

Little  Brown  Crane 86,  95 

Loch  Leven  Trout 69 

Logwood    73 

Loons  87,  95 

Mains 23 

Manufactures    11 

Marines,  Fishing  and  hunting  without  license 58 

Marion  County,  Hunting  and  fishing  licenses 56 

Marl,  Removal  from  breeding  grounds 61 

Martens    87,  95 

Meadowlarks    87,  95 

Meander  Lines   15 

Medicated  Bait 73 

Meshes    60,  67,  68 

Michigan,  Lake  60 

Migratory  Bird  Treaty  Act 83 

Migratory  Game  Birds 

regulations 86 

scientific  collections   92 

shipment   89 

Migratory  Insectivorous  Birds '. .' 87 

Migratory  Non-game  Birds 87 

Migratory  Waterfowl   ." 90 

Mineral  Resources 

conservation 7 

development  11 

leases   ' 46 

Mines  11 

Mink 75 

Minnow   Seines    60,  67 

Minnow  Traps 60,  67 

Minnows  •,    •    I 

catching  in  breeding  grounds 65 

for  bait   67 

use  of  trout  minnows .65 


112 

Page 

Mongolian  Pheasant 51 

Mountain  Trout 66 

Mourning  Doves   88,  95 

Mud-hens    54 

Murres   87,  95 

Museum,   Geological    11 

Muskrat  Houses 75 

Muskrats  75 

Naphtha  Launch 

fishing  Lake  Michigan 70 

hunting  with 53 

Natural  Gas 22 

Natural  Gas   Supervisor 

assistants 29 

bond  and  oath 22 

inspection  of  gas  wells 23 

inspection  of  pipes 24 

leakage  of  gas  pipes 24 

qualifications 22 

report 23 

right  of  entry 30 

Natural  Resources   7,  11 

Navigable   Streams    15 

Nests,  Birds 

collections    92 

destruction    54 

permits  to  take 54 

scientific  purposes   54 

Nets 

identification  in  Lake  Michigan 69 

license  fees  Lake  Michigan 70 

prohibited   67 

regulation   ....  1 60 

use  in  Lake  Michigan 68 

Nighthawks    87,  95 

Nurseries 

forest 13,  46 

inspection   31,  11,  12 

Nurserymen 

care  of  nursery  stock 31,  32 

certificate  of  examination 32 

dealers'  licenses   33 

fees 34 

foreign  stock 33 

misrepresentation  of  stock 34 

notification  of  affected  stock 39 

revocation  of  certificates 34 


113 

Nursery  Stock  Page 

certificate  of  examination 32,  34 

dealers'  licenses  33 

destruction  of  pests 32 

foreign 33 

inspection 11,12 

misrepresentation  of  stock 34 

notification  of  affected  stock 39 

regulation  31 

revocation  of  certificates 34 

shipping  affected  stock / 32 

shipment  into  state 35,  12 

shipment  without  certificate 35 

Nuthatches    87,  95 

Oaths,  Commissioners  and  Chiefs  of  Divisions 8 

Obstructions  in  Streams 

generally 72 

muskrat  houses 75 

near  Ohio  river 72 

Offal,  Fish,  Lake  Michigan 70 

Officers  of  Department  of  Conservation 

appointment   6 

examination  to  test  qualifications 6 

qualifications   6 

removal   6 

salary   6 

supervision  of  director 6 

Ohio  River 

exempt  from  law 60,  62,  66,  67 

nets  and  obstructions 72 

Oil  73 

Oil  in  Gas  Wells 30 

Oil  Wells,  Drainage  into  streams 73 

Open  Season,  See  Closed  Season. 
Opossum 

closed  season 49 

old  laws   75,  note 

Orchards    31,  11,  12 

Orioles    87,  95 

Ornamental  Trees '. 31,  12 

Otter,  Closed  season 49 

Owl,  Bounties   80,  81,  96 

Oyster  Catchers   !' 86,  95 

Packing  Houses,  Inspection 11,12 

Parks    13,  14 

Partridges 51,  95 

Patrol  Boats   71 

Penal  Provisions  of  Laws,  Enforced  by  Director  of  Department  of 

Conservation    6 

8—16367 


114 

Penalties  Page 

bag  limit  on  fish 72 

bag  limit  on  quail 52 

bee  diseases 38 

carrying  fish  out  of  state 62 

carrying  game  out  of  state 58 

catching  fish  in  private  ponds 74 

catching  fish  near  fish  ladders 77 

catching  fish  of  unlawful  size 67 

catching  fish,  through  ice 66 

catching  fish  with  hands 74 

catching  over  twenty  trout  in  day 65 

catching  trout 66 

catching  trout  less  than  prescribed  length 65 

destroying  birds   54 

destroying  muskrat  houses 75 

destruction  of  affected  nursery  stock 40 

electrocuting  fish    i 74 

escapage  of  gas 26 

failure  of  trustee  to  execute  fish  and  game  laws 81 

failure  to  construct  fish  ladder 77 

failure  to  destroy  infested  hives 38 

failure  to  repair  fish  ladders 78 

fishing  for  trout 65 

fishing  in   Lake   Michigan 72 

fishing  on  breeding  grounds 61 

fishing  without  license 80 

for  violation  of  rules  and  regulations 7 

foul  brood,  failure  to  notify 38 

hunting  deer,  turkey  or  pheasants 50 

hunting  game  56 

hunting  geese,  ducks  and  brant 52 

hunting  homing   pigeons 51 

hunting  mink  and  muskrats 75 

hunting  on    Sunday 55 

hunting  prairie  chicken,  pheasants  and  partridges 51 

hunting  quail  and  ruffled  grouse 52 

hunting  with  boat  or  launch 53 

hunting  with  ferrets 50 

hunting  with  searchlights 50 

hunting  without  license 60 

hunting  without  permit    55 

hunting  woodcock    55 

injury  to  property 55 

killing  fish  with  explosives 73 

maintaining  fish  traps 63 

migratory  bird  act 85 

misrepresenting  nursery  stock 34 

netting  and  trapping  quail 51 


• 

115 

Penalties — Continued  Page 

obstructing  conservation  commission 20 

obstructing  gas   inspector 24 

obstructing  state  apiarist 38 

obstructions  in  streams  nean  Ohio  River 72 

poisoning  or  stupefying  fish 67,  73,  74 

pollution  of  streams \ 73 

possession  of  seines,  traps  and  spears 60 

sale  of  fish 63 

selling  quail 52 

setting  traps  or  deadfalls 48 

shipping  affected  nursery  stock 32 

shipping  nursery  stock  without  certificate 32,  135 

shooting  across  highways 50 

shooting  fish    66 

shooting  or  trapping  certain  wild  animals 49 

shooting   squirrels   53,  54 

size  of  hooks 61 

trespassing  74 

using  condemned   gas   pipes 24 

using  floats    62 

violation   of  gas  laws 26,  30 

Perch 

net  meshes  Lake  Michigan 68 

regulation   62 

sale   63 

Perching   Birds 87 

Permits 

birds,  birds'  eggs  and  nests 54,  90 

fee   and  bond 54 

fishing  without  license 57 

hunting  without  license 57 

testimonials    54 

to  hunt  on  land  of  another 55 

to  take  sand,  gravel  and  coal 15 

Pests   of  Plants 8,  11,  31 

Petrels 87,  95 

Phalaropes    86,  95 

Pheasants 

carrying  out  of  state 58 

closed   season    95 

hunting  prohibited 50,  51 

lawful  hunting   '.' 54 

Pickerel 

length  limit   67 

regulation 62 

sale    63 

Pigeons   '. 87,  95 

Pigeons,   Homing    51 


116 

Pike  Page 

length  limit    .  .  67,  96 

regulation   62 

sale 63 

Pike  Perch,  Length  limit 67,  93 

Pinnated  Grouse,  carrying  out  of  state 58 

Pipes    , 23,  24 

Plants 

certificates    34 

control  of  disease 8,31 

inspection   11 

notification  of  disease 39 

pests  31,  32 

shipment   12 

Plovers   54,  87,  88,  89 

Plugging   Gas   Wells 27 

Poison,  Use  to  kill  fish 67,  73,  74 

Police  Powers 10 

Pollution  of  Waters  of  State 15 

Pond  Net 60 

Ponds,  Private  60,  62,  67,  72 

Pound  Net,  Use  in  Lake  Michigan 68 

Powerboats,  Game   87 

Prairie  Chicken 

bag  limit 51,  94 

carrying  out  of  state 58 

lawful  hunting  54 

open  season   51,  94 

Preserves  of  State 14 

Pressure  of  Gas  Pipes 25 

Private  Ponds  60,  74 

Processes 10 

Proclamation,   Arbor   Day 46 

Property 

injury  by  wild  animals 49 

injury   while  hunting 55 

Prosecuting  Attorneys 21 

Protective  Associations 17 

Publications,  Conservation  Commission 9,  13,  14 

Puffins 87,  95 

Push  Boat,  Hunting  with 53 

Quail 

bag  limit 52,  94 

carrying  out  of  state • 58 

closed  season   52,  94 

lawful  hunting   54 

netting  and  trapping  prohibited 51 

selling   52 


117 

Page 

Quarantine  Districts 40 

Quarantine  Regulations   13 

Rabbit 

hunting  on  Sunday 55 

hunting  with  ferrets  prohibited * 49 

open  season   56 

Raccoon   49,  75,  note 

Railroads. 

carrying  fish  out  of  state 62 

carrying  game  out  of  state 58,  89 

nursery  stock    35 

rights  of  way  over  forest  lands 46 

Rails    54,  86,  88,  89,  94 

Rainbow   Trout    - 66,  69 

Rallidae    54,  86 

Reclamation  of  Lands ,     7 

Reforestation    13 

Regulations  of  Conservation  Commission,  See  Rules  and  Regulations. 
Reports 

chiefs  of  divisions '. 10 

entomologist   37 

natural  gas  supervisor 23 

Reports  by  Conservation  Commission 

co-operation  in  preparing 7,     8 

to  governor   9 

Resident  Fishing  Licenses 56 

Resident  Hunting  Licenses 56 

Revolving  Fund  19 

Right   of   Entry 30 

Rights  of  Way,  Forest  Lands 46 

Ring-Neck   Mongolian   Pheasant 51,  95 

River  Duck  54 

Rivers,  Fish  Ladders 76 

Roads,   Hunting  prohibited 50 

Robins   87,  95 

Rock  Bass 

length  limit   67,  96 

regulation   62 

sale   i 63 

Rosette    39 

Row  Boat  , 

hunting  with 53 

Lake  Michigan   70 

Ruffled  Grouse 

bag  limit   94 

carrying  out  of  state 58 

closed  season   52,  94 

lawful  hunting   54 


118 

Rules  and  Regulations  of  Conservation  Commission  Page 

adoption    7 

attested  by  director 7 

date  of  promulgation 7 

enforced  by  director 6 

entomology   13 

forestry  ' , 13 

lands  and  waters 14 

pollution   and   sewage 15 

promulgation  7 

publication    7 

recommended  by  director 7 

seal   of  commission 7 

signed  by  governor 7 

taking  coal,  sand  and  gravel 16 

Sail  Boats 

Lake  Michigan   70 

use  in  hunting 87 

Sailors,  Fishing  and  hunting  without  license 58 

Salmon  Trout   66 

Salmonidae    66 

Salt  Water  in  Gas  Wells 30 

Sand    15 

Sandhill  Crane 86,  95 

Sandpipers    54,  87,  95 

San  Jose   Scale 31,  32,  34,  39 

Scenic  Places 14 

Scholmeringer   51 

Schools,  Arbor  Day  Exercises 47 

Scientific  Purposes,  Birds'  Eggs 54,  92 

Scientific  Societies,  Collections  of  Birds 92 

Screech  Owls    80 

Sea  Duck 54 

Seal,  Rules  and  Regulations 7 

Search  Warrants   81 

Searchlight,  Hunting  with  prohibited 50 

Secretary  of  Agriculture,  Permits 90,  92,  93 

Seines 

minnows    67 

prohibited ' 67 

regulations   60 

search  warrants   81 

use  in  Lake  Michigan 68 

Set  Lines 61 

Set  Net 61 

Sewage  Waste    15 

Shade  Trees 31 

Shearwaters    87,  95 


119 

Page 

Sheep,  Injury  while  hunting 55 

Shipment,  Birds  and  Game 89 

Shipment,  Trees  and  Shrubs 12 

Shooting  Fish    63,  66 

Shore   Birds    54,  86 

Shrikes    87,  95 

Shrubbery 

shipment   12 

treatment    ' "...   12 

Shrubs 

arbor   day    46 

certificates   34 

insect  pests   32 

notification  of  affected  stock 39 

Silver  Pheasant 51,  95 

Skunk 

closed  season - 49 

old  law  75,  note 

Snipe .54,   87,   88,  89,  95 

Soil  Preservation   7 

Soldiers,  Fishing  and  hunting  without  license 58 

Sora    86 

Sparrow   Hawks    80 

Sparrows    54,  95 

Spearing  Fish   . .  .^ 63,  67 

Spears 

prohibited   67 

regulation    ^  \ .   60 

Speckled  Trout T . .   66 

Springs    15 

Squirrels 

open  season   '53 

shooting  in  public  parks  and  state  grounds 53 

State  Breeding  Grounds 

for  trout    64 

regulation    ^ 61 

State  Entomologist .* 10,31 

State   Forest   Nurseries 46 

State  Forester 

bond   46 

division  of 10 

funds    ..., 46 

minerals  46 

timber  sales    46 

State  Geologist 

appointment  of  Natural  Gas  Inspector 23 

division  of   , 10 

State  Inspector  of  Apiaries 36 


120 

Page 

State  Parks  13 

Steamboat  Companies,  Nursery  Stock 35 

Steam  Launch 

hunting  with  53 

Lake  Michigan 70 

Steel-Head  Trout  66 

Steel  Traps 

destruction    48 

inspection  and  removal  of  animals  caught 48 

manner  of  setting 48 

written  consent 48 

Stilts    87,  95 

Stock,  Domestic   56 

Stone    11 

Streams 

fish  ladders    76 

pollution   of    15 

Streams 

obstruction    72 

pollution    73 

Subpoenas    8 

Suckers   74 

Sun  Fish,  Bag  Limits 72,  96 

Sunday,  Hunting  on 55 

Superintendent  of  Fisheries  and  Game 

breeding  grounds   61 

deputies   78 

division  of   10 

enforce  fish  and  game  laws 78 

fees   in  prosecutions 75 

fishing  in  Lake  Michigan 68 

fishing  licenses   56 

fish  ladders   76 

hunting  licenses   56 

licenses  to  fish  on  Lake  Michigan 70 

non-resident  fishing  licenses 79 

permits  for  taking  birds,  eggs,  nests. 54 

permits  for  taking  quail  and  ruffled  grouse 52 

permits  to  Academy  of  Science 78 

repair  of  fish  ladders 78 

seines,  nets  and  spears 61 

trout  breeding 63 

use  of  explosives « 73 

Superintendent  of  Lands  and  Waters 10 

Superior  Court  8 

Supervisor  of  Natural  Gas 22 

Supplies,  Inspection  11 

Surf  Birds   54,  87,  95 

Surveys,  Topographical   - 8,  11 


121 

Page 

Swallows    87,  95 

Swans   54,  86,  88,  89,  95 

Swifts    87,  95 

Tanagers    87,  95 

Tatlers   54 

Telegraph  Companies,  Rights  of  Way 46 

Telephone  Companies,  Rights  of  Way 46 

Terns    ' 87,  95 

Thrushes    87,  95 

Timber,   sale  of 46 

Titmice    87,  95 

Topographical   Surveys   8,  11 

Township  Trustee 

construction  of  fish  ladders 76 

destruction  of  fish  traps 63,  77 

fish  and  game  officers 81 

Tragopan  Pheasant   : 51,  95 

Trammel   Net    61 

Transportation,   Birds  and  Game 89 

Trap  Net,  Use  in  Lake  Michigan 68 

Traps 

destruction    48 

inspection  and  removal  of  animals  caught 48 

manner  of  setting 48 

near  fish  ladder 63 

prohibited 67 

unlawful  to  keep 60 

written  consent 48 

Treaty,  Migratory  Bird  Act 83 

Trees 

arbor  day 46 

certificates    34 

insect  pests 32 

notification  of  disease 39 

shade  and   ornamental 31 

shipment    12 

treatment    • 12 

Trespassing   55,  74 

Trot  Lines    61,  74 

Trout 

breeding  grounds '. 63 

closed  season    * 64,  93 

day's  bag  limit 65,  96 

definition  66 

devices   for  catching 65 

Lake  Michigan    63 

minimum  length  prescribed 65,  96 

propagation    63 


122 

Turkey  Page 

carrying  out  of  state 58 

closed  season 95 

hunting  prohibited  50,  54 

injury  while  hunting 55 

Turnstones    87,  95 

United  States  Government,  Fish  Hatcheries 78 

Vines 

arbor  day  46 

certificates    34 

insect  pests   32 

notification  of  disease 39 

shipment    12 

Vireos    87,  95 

Wabash  River   60,  62,  66,  67 

Wall-Eyed  Pike 

length  limit    .* 67,  96 

regulations   62 

sale 63 

Warblers    87,  95 

Wardens,  Fish  and  Game,  Under  control  of  Director 6 

Warehouses,   Inspection 11 

Warrants    10 

Water   Power    7 

Waterfowl 

-  carrying  out  of  state 58,  89 

closed  season  52,  55,  88 

definition   86 

Waxwings    87,  95 

Wells,  Gas  and  Oil 73 

Whip-Poor-Wills   , 87,  95 

Whitefish   68,  69 

White- Winged  Doves 88,  95 

Whooping  Cranes 86,  95 

Willet    87,  95 

Wilson  Snipe 

bag  limit  89,  94 

open   season 88,  94 

Witnesses    8 

Wives  of  Licensees 79 

Wolf  Bounties    80,  96 

Woodchuck  Bounties    780,  96 

Woodcock 

bag  limit 89,  94 

carrying  out  of  state 58 

definition 87 

open  season   55,  88,  94 

regulations    54 


123 

Page 

Wood  Duck 88,  89,  95 

Woodpeckers   87,  95 

Wrens    87,  95 

Year  Book,  Report 9 

Yellowlegs    87,  88,  89 

Yellows   39 

Zoological  Parks,  Collections  of  Birds 92 


Y,C  82647 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


